reglab/statecodes huggingface dataset:
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 8101.203. Depository

Sec. 8101.203.  DEPOSITORY.  (a)  The board shall designate one or more banks to serve as depository for the authority's money.
(b)  All of the authority's money shall be deposited in the depository bank or banks, except that:
(1)  money pledged to pay bonds may be deposited with the trustee bank or banks named in the trust indenture;  and
(2)  money for payment of the principal of and interest on bonds shall be remitted to the bank of payment.
(c)  To the extent that money in the depository banks and the trustee bank are not insured by the Federal Deposit Insurance Corporation, they must be secured in the manner provided by law for the security of county funds.
(d)  Before designating a depository bank or banks, the board shall issue a notice that:
(1)  states the time and place of the board's meeting for that purpose;  and
(2)  invites the banks to submit applications to be designated depositories.
(e)  The notice must be published one time in a newspaper published in the city of Athens at least 10 days before the date set for receiving applications.
(f)  The board shall prescribe the terms of service for depositories.
(g)  At the time mentioned in the notice, the board shall:
(1)  consider the applications and the management and condition of the banks filing applications;  and
(2)  designate as depository the bank or banks that:
(A)  offer the most favorable terms for handling the authority's money;  and
(B)  the board finds have proper management and are in condition to handle the authority's money.
(h)  If the board does not receive any applications by the time stated in the notice, or if the board rejects all applications, the board shall designate a bank or banks on terms it finds advantageous to the authority.
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 F. Bonds › Section 8101.251. Authority to Issue Bonds

Sec. 8101.251.  AUTHORITY TO ISSUE BONDS.  (a)  The authority may issue bonds to:
(1)  purchase or otherwise provide works, plants, facilities, or appliances necessary to accomplish the purposes authorized by this chapter;  or
(2)  exercise any other power conferred by this chapter.
(b)  Bonds issued by the authority must be payable from revenue or ad valorem taxes.  If bonds are payable wholly from revenue, the revenue may be pledged by board resolution without an 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 F. Bonds › Section 8101.252. Refunding Bonds

Sec. 8101.252.  REFUNDING BONDS.  (a)  The authority may issue refunding bonds to refund outstanding bonds issued under this subchapter and interest on those bonds.
(b)  Refunding bonds may:
(1)  be issued to refund bonds of more than series;
(2)  combine the pledges for the outstanding bonds for the security of the refunding bonds;  or
(3)  be secured by a pledge of other or additional revenue or mortgage liens.
(c)  The provisions of this subchapter regarding the issuance of other bonds, their security, and the remedies of the holders apply to refunding bonds, except that an election is not required for refunding bonds.
(d)  The comptroller shall register the refunding bonds on surrender and cancellation of the bonds to be refunded.
(e)  Instead of issuing bonds to be registered on the surrender and cancellation of the bonds to be refunded, the authority, in the resolution authorizing the issuance of the refunding bonds, may provide for the sale of the refunding bonds and the deposit of the proceeds in a bank at which the bonds to be refunded are payable.  In that case, the refunding bonds may be issued in an amount sufficient to pay the principal of and interest on the bonds to be refunded to their option date or maturity date, and the comptroller shall register the refunding bonds without the surrender and cancellation of the bonds to be refunded.
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 F. Bonds › Section 8101.253. Form of Bonds

Sec. 8101.253.  FORM OF BONDS.  (a)  An authority bond must:
(1)  be issued in the name of the authority;
(2)  be signed by the president;
(3)  be attested to by the secretary;  and
(4)  have the authority seal impressed on it or a facsimile seal printed on it.
(b)  At the option of the board, a bond may be signed in accordance with Chapter 618, Government Code.
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 F. Bonds › Section 8101.254. Maturity

Sec. 8101.254.  MATURITY.  Bonds issued under this subchapter must mature within 40 years.
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 F. Bonds › Section 8101.255. Trust Indenture

Sec. 8101.255.  TRUST INDENTURE.  The trust indenture may contain provisions prescribed by the board that:
(1)  provide for the security of the bonds and the operation and preservation of the trust estate;
(2)  provide for amendment or modification of the trust indenture;
(3)  provide for the issuance of bonds to replace lost or mutilated bonds;  and
(4)  condition the right to spend authority money or sell authority property on the approval of a licensed engineer selected as provided by the trust indenture.
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 F. Bonds › Section 8101.256. Election for Bonds Payable From Ad Valorem Taxes

Sec. 8101.256.  ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES.  The authority may not issue bonds payable wholly or partly from ad valorem taxes unless the voters of the authority authorize that issuance at an election held for that purpose in the manner prescribed by Section 49.106, Water Code.
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 F. Bonds › Section 8101.257. Bond Security; Revenue; Taxes; Additional Bonds

Sec. 8101.257.  BOND SECURITY;  REVENUE;  TAXES;  ADDITIONAL BONDS.  (a)   In this section, "net revenue" means the gross revenue of the authority after deducting the amount necessary to pay the cost of maintaining and operating the authority, including its properties.
(b)  Bonds issued under this subchapter may be secured by:
(1)  a pledge of all or part of the net revenue of the authority, including the net revenue of a past or future contract;  or
(2)  other revenue and income specified by resolution of the board or the trust indenture.
(c)  If bonds are issued payable wholly or partly from taxes, the board shall impose taxes on all taxable property in the authority without limit as to rate or amount while those bonds are outstanding.  The board shall impose the taxes in amounts:
(1)  sufficient to pay the principal of and interest on the bonds annually as they mature;  or
(2)  required to supplement the net revenue pledged to the bonds' payment so that the principal of and interest on the bonds are paid when due.
(d)  A bond security pledge under this section may reserve to the authority the right, under conditions specified by the pledge, to issue additional bonds that will be on a parity with or subordinate to the bonds then being issued.
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 F. Bonds › Section 8101.258. Additional Security

Sec. 8101.258.  ADDITIONAL SECURITY.  (a)  Bonds, including refunding bonds, payable partly or wholly from a pledge of revenue authorized by this subchapter may be additionally secured by a mortgage lien on physical properties of the authority and all franchises, easements, water rights and appropriation permits, leases, contracts, and all rights appurtenant to those properties, vesting in the trustee under the trust indenture the power to:
(1)  sell the properties for payment of the debt;
(2)  operate the properties;  and
(3)  take any other action to secure the bonds.
(b)  A purchaser under a sale under the deed of trust:
(1)  is the absolute owner of the properties and facilities purchased;  and
(2)  is entitled to maintain and operate those properties and facilities.
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 F. Bonds › Section 8101.259. Charges for Authority Services

Sec. 8101.259.  CHARGES FOR AUTHORITY SERVICES.  The board shall set the rates of compensation for services rendered by the authority so that the authority has enough money to pay the expenses of operating and maintaining the facilities of the authority, to pay bonds as they mature and the interest as it accrues, and to maintain the reserve and other funds as provided in the resolution authorizing the bonds or in the trust indenture.
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 F. Bonds › Section 8101.260. Use of Bond Proceeds

Sec. 8101.260.  USE OF BOND PROCEEDS.  (a)  The authority may set aside and use proceeds from bond sales for:
(1)  the payment of interest expected to accrue during construction and the first year after construction;  and
(2)  a reserve interest and sinking fund.
(b)  The authority may provide in the resolution authorizing the bonds or in the trust indenture for setting aside and using the proceeds as described by Subsection (a).
(c)  The authority may use proceeds from the sale of bonds to pay an expense incurred in accomplishing the purposes of the authority.
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 F. Bonds › Section 8101.261. Appointment of Receiver

Sec. 8101.261.  APPOINTMENT OF RECEIVER.  (a)  On default or threatened default in the payment of the principal of or interest on bonds issued under this subchapter that are payable wholly or partly from revenue, a court may, on petition of the holders of outstanding bonds, appoint a receiver for the authority.
(b)  The receiver, without consent of or hindrance by the board, may:
(1)  collect and receive all authority income;
(2)  employ and discharge authority agents and employees;
(3)  take charge of money on hand;  and
(4)  manage the affairs of the authority.
(c)  The receiver may be authorized to sell or contract for the sale of services of the authority's facilities or to renew those contracts with the approval of the appointing court.
(d)  The court may vest the receiver with any other power or duty the court finds necessary to protect the bondholders.
(e)  The resolution that authorizes the issuance of the bonds or the trust indenture securing their payment may:
(1)  specify the minimum percentage of outstanding bonds that must be held by the bondholders seeking the appointment of a receiver;  or
(2)  otherwise qualify the right of bondholders to institute litigation that might affect the authority's property, including money.
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 F. Bonds › Section 8101.262. Bonds Secured by Contract Proceeds; Approval

Sec. 8101.262.  BONDS SECURED BY CONTRACT PROCEEDS;  APPROVAL.  (a)  If bonds issued under this subchapter state that they are secured by a pledge of the proceeds of a contract previously made between the authority and a municipality or other governmental agency, including a district, a copy of that contract and the proceedings of the entity authorizing the contract must be submitted to the attorney general along with the bonds.
(b)  If the attorney general finds that the bonds have been authorized and the contract has been made in accordance with law, the attorney general shall approve the bonds and contract.
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 F. Bonds › Section 8101.263. Bonds Exempt From Taxation

Sec. 8101.263.  BONDS EXEMPT FROM TAXATION.  A bond issued under this subchapter, the transfer of the bond, and income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state.
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 F. Bonds › Section 8101.264. Property Exempt From Taxation and Assessment

Sec. 8101.264.  PROPERTY EXEMPT FROM TAXATION AND ASSESSMENT.  Property of the authority is exempt from taxation and assessment.
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 8102 - Addicks Utility District › Subchapter A. General Provisions › Section 8102.001. Definition

Sec. 8102.001.  DEFINITION.  In this chapter, "district" means "Addicks Utility District."
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 8102 - Addicks Utility District › Subchapter A. General Provisions › Section 8102.002. Creation; Nature of District

Sec. 8102.002.  CREATION;  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Harris County, Texas, created under Section 59, Article XVI, Texas Constitution.
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 8102 - Addicks Utility District › Subchapter A. General Provisions › Section 8102.003. Legislative Findings

Sec. 8102.003.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  the creation and establishment of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution;
(2)  all land and other property included in the boundaries of the district will be benefited by the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution;  and
(3)  the district is created to serve a public use and benefit.
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 8102 - Addicks Utility District › Subchapter A. General Provisions › Section 8102.004. District Territory

Sec. 8102.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 661, Acts of the 62nd Legislature, Regular Session, 1971 (V.A.C.S. Article 8280-548), as that territory may have been modified under:
(1)  Subchapter J, Chapter 49, Water Code;  or
(2)  other law.
(b)  The legislature finds that the boundaries and field notes of the district contained in Section 4, Chapter 661, Acts of the 62nd Legislature, Regular Session, 1971 (V.A.C.S. Article 8280-548), form a closure.  A mistake 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 issue any type of bonds for the purposes for which the district is created or to pay the principal and interest on the bonds;
(3)  the right of the district to impose taxes;  or
(4)  the legality or operation of the district or its governing body.
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 8102 - Addicks Utility District › Subchapter B. Board of Directors › Section 8102.051. Directors

Sec. 8102.051.  DIRECTORS.  Directors are elected or appointed and serve for the terms and in the manner provided by Chapter 49, Water Code.
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 8102 - Addicks Utility District › Subchapter C. District Rights, Powers, and Functions › Section 8102.101. General Rights, Powers, Privileges, and Functions

Sec. 8102.101.  GENERAL RIGHTS, POWERS, PRIVILEGES, AND FUNCTIONS.  (a)  The district has all of the rights, powers, privileges, and functions provided by the general laws of this state applicable to municipal utility districts, including Chapters 49 and 54, Water Code.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff. April 1, 2007.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 2.02, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter A. General Provisions › Section 8103.001. Definition

Sec. 8103.001.  DEFINITION.  In this chapter, "district" means the El Dorado Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter A. General Provisions › Section 8103.002. Nature of District

Sec. 8103.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter A. General Provisions › Section 8103.003. Findings of Benefit and Public Purpose

Sec. 8103.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the boundaries of the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
(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 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter A. General Provisions › Section 8103.004. District Territory

Sec. 8103.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 648, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8280-538, Vernon's Texas Civil Statutes), as that territory may have been modified under:
(1)  Subchapter H, Chapter 54, Water Code;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  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, and validity;
(2)  the district's right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(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 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter B. Board of Directors › Section 8103.051. Composition of Board

Sec. 8103.051.  COMPOSITION OF BOARD.  The board of directors is composed of five elected directors.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8103 - El Dorado Utility District › Subchapter C. Powers and Duties › Section 8103.101. Municipal Utility District Powers

Sec. 8103.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, and functions provided by general law applicable to a municipal utility district, including Chapters 49 and 54, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.001. Definitions

Sec. 8104.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Baytown Area Water Authority.
(2)  "Board" means the authority's board of directors.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.002. Nature of Authority

Sec. 8104.002.  NATURE OF AUTHORITY.  The Baytown Area Water Authority is a conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.003. Finding of Benefit and Public Purpose

Sec. 8104.003.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  (a)  The authority is created to serve a public use and benefit.
(b)  All land and other property included in the authority and land and property that feasibly may be served by the authority will benefit from the works and projects to be accomplished by the authority under powers conferred by Section 59, Article XVI, Texas Constitution.
(c)  The creation of the authority is essential to  accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.004. State Policy Regarding Waste Disposal

Sec. 8104.004.  STATE POLICY REGARDING WASTE DISPOSAL.  The powers and functions conferred on the authority are subject to the state policy of encouraging the development and use of integrated area-wide waste collection, treatment, and disposal systems to serve the waste disposal needs of the state's residents, if integrated systems can reasonably be provided for an area, so as to avoid the economic burden on residents and the effect on state water quality caused by the construction and operation of numerous small waste collection, treatment, and disposal facilities.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.005. Other Districts Required to Contract With Authority

Sec. 8104.005.  OTHER DISTRICTS REQUIRED TO CONTRACT WITH AUTHORITY.  To encourage the policy provided by Section 8104.004 and to prevent wasteful duplication, each conservation and reclamation district that is created in the authority after June 15, 1973, shall contract with the authority to provide facilities and services that the authority is authorized to provide under this chapter if the authority:
(1)  has those facilities and services; or
(2)  determines it can provide those facilities and services.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.006. Relationship to Gulf Coast Authority

Sec. 8104.006.  RELATIONSHIP TO GULF COAST AUTHORITY.  The rights, powers, privileges, and functions granted to the authority under this chapter are subject to the powers granted to the Gulf Coast Authority in Chapter 409, Acts of the 61st Legislature, Regular Session, 1969 (Article 7621d-2, Vernon's Texas Civil Statutes), to provide disposal systems.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 918 (S.B. 1489), Sec. 5, eff. June 15, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.007. Relationship to Other Districts

Sec. 8104.007.  RELATIONSHIP TO OTHER DISTRICTS.  This chapter does not prevent the organization of or a change in the boundaries of a conservation and reclamation district in the authority as authorized by Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter A. General Provisions › Section 8104.008. Rights, Powers, Privileges, and Functions of Municipal Utility Districts

Sec. 8104.008.  RIGHTS, POWERS, PRIVILEGES, AND FUNCTIONS OF MUNICIPAL UTILITY DISTRICTS.  The authority has all of the rights, powers, privileges, and functions provided by the general laws of this state applicable to municipal utility districts, including Chapter 54, Water Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter B. District Territory › Section 8104.051. District Territory

Sec. 8104.051.  DISTRICT TERRITORY.  (a)  The authority is composed of the territory described by Section 4, Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973, as that territory may have been modified under:
(1)  Section 8104.052 or 8104.053 or their predecessor statutes, former Sections 7 and 8, Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973;
(2)  Subchapter H, Chapter 54, Water Code;
(3)  Subchapter J, Chapter 49, Water Code; or
(4)  other law.
(b)  The boundaries and field notes of the authority contained in Section 4, Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973, 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 authority's organization, existence, or validity;
(2)  the authority's right to issue revenue bonds or revenue refunding bonds for a purpose for which the authority is created or to pay the principal of and interest on the bonds; or
(3)  the legality or operation of the authority or the board.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter B. District Territory › Section 8104.052. Annexation of Territory; Bonds

Sec. 8104.052.  ANNEXATION OF TERRITORY; BONDS.  (a)  Land may be added or annexed to the authority under Subchapter J, Chapter 49, and Subchapter H, Chapter 54, Water Code:
(1)  without the consent of any municipality under Section 42.042, Local Government Code; and
(2)  regardless of whether the authority has issued revenue bonds.
(b)  A change in the authority's boundaries under this section does not affect the validity of the authority's bonds.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter B. District Territory › Section 8104.053. Exclusion of Territory; Hearing

Sec. 8104.053.  EXCLUSION OF TERRITORY; HEARING.  (a)  The board is not required to call or hold a hearing on the exclusion of land or other property from the authority.
(b)  The board on its own motion may call and hold one or more hearings on the exclusion of land or other property from the authority in the manner provided by general law.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.101. Composition

Sec. 8104.101.  COMPOSITION.  The authority is governed by a board of five directors appointed by the Baytown City Council.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.102. Eligibility to Serve

Sec. 8104.102.  ELIGIBILITY TO SERVE.  (a)  One director must reside outside the city limits of the city of Baytown but in the authority's boundaries.
(b)  A person serving as a director may not serve during the person's term as a member of the Baytown City Council.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.103. Terms

Sec. 8104.103.  TERMS.  Directors serve staggered terms of two years with the terms of the directors serving Positions 1 and 2 expiring September 1 of each even-numbered year and the terms of the directors serving Positions 3, 4, and 5 expiring September 1 of each odd-numbered year.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.104. Vacancies

Sec. 8104.104.  VACANCIES.  The Baytown City Council shall fill any vacancy occurring on the board by appointing a director for the unexpired term.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.105. Officers

Sec. 8104.105.  OFFICERS.  (a)  The board shall elect a president, vice president, secretary, and any other officers the board considers necessary at the board's first meeting:
(1)  in September of each year; or
(2)  after the annual vacancies are filled as provided by this subchapter and the newly appointed directors are qualified.
(b)  When the president is absent or fails or declines to act, the vice president shall perform all duties and exercise all power  this chapter or general law gives the president.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.106. Director's Bond

Sec. 8104.106.  DIRECTOR'S BOND.  (a)  A director shall execute a bond for $5,000 conditioned on the faithful performance of the director's duties.
(b)  The bond must be recorded in a record kept for that purpose in the authority's office.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.107. Voting Requirement

Sec. 8104.107.  VOTING REQUIREMENT.  The concurrence of a majority of the directors who are present and voting at a board meeting is sufficient for matters relating to the authority's business, including:
(1)  letting construction work and related matters; and
(2)  purchasing existing facilities.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter C. Board of Directors › Section 8104.108. Signature for Board Actions

Sec. 8104.108.  SIGNATURE FOR BOARD ACTIONS.  An order adopted or other action taken at a board meeting at which the president is absent may be signed by:
(1)  the vice president; or
(2)  the president with board authorization.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter D. Other Administrative Provisions › Section 8104.151. General Manager

Sec. 8104.151.  GENERAL MANAGER.  (a)  The city manager of the City of Baytown is the authority's general manager.
(b)  If the position of city manager is abolished, the chief executive officer of the City of Baytown or the officer's designee is the authority's general manager.
(c)  The authority's general manager serves without compensation paid by the board.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter D. Other Administrative Provisions › Section 8104.152. Powers and Duties of General Manager

Sec. 8104.152.  POWERS AND DUTIES OF GENERAL MANAGER.  (a)  The general manager is the authority's chief executive officer.
(b)  The general manager, under policies established by the board, shall:
(1)  administer the board's directives;
(2)  keep the authority's records, including minutes of board meetings;
(3)  coordinate with state, federal, and local agencies;
(4)  develop plans and programs for the board's approval;
(5)  formulate a budget for the authority's fiscal year, as provided by this chapter, subject to the approval of the board and the Baytown City Council;
(6)  hire, supervise, train, and discharge the authority's employees;
(7)  contract for or retain technical, scientific, legal, fiscal, and other professional services; and
(8)  perform other duties assigned by the board.
(c)  At the board's direction, the general manager may execute a contract, including a construction contract, the board enters into for the authority.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter D. Other Administrative Provisions › Section 8104.153. Bond of General Manager and Certain Employees

Sec. 8104.153.  BOND OF GENERAL MANAGER AND CERTAIN EMPLOYEES.  (a)  The general manager and each employee of the authority charged with the collection, custody, or payment of the authority's money shall execute a fidelity bond.
(b)  The board must approve the form, amount, and surety of each bond.
(c)  The authority shall pay the premium on each bond.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter D. Other Administrative Provisions › Section 8104.154. Contract With City of Baytown for Administrative Functions

Sec. 8104.154.  CONTRACT WITH CITY OF BAYTOWN FOR ADMINISTRATIVE FUNCTIONS.  (a)  In this section, "administrative functions" has the meaning assigned by Section 791.003, Government Code.
(b)  The authority shall offer to enter into an interlocal contract under Chapter 791, Government Code, with the City of Baytown for the performance of administrative functions.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.201. Water Supply and Distribution

Sec. 8104.201.  WATER SUPPLY AND DISTRIBUTION.  The authority may:
(1)  acquire surface water or groundwater supplies from sources in or outside of the authority; and
(2)  conserve, store, transport, treat, purify, distribute, sell, and deliver surface water or groundwater to a public or private corporation, a political subdivision of this state, or any other person in or outside of the authority.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.202. Facilities for Water Transportation and Distribution

Sec. 8104.202.  FACILITIES FOR WATER TRANSPORTATION AND DISTRIBUTION.  (a)  The authority may construct, maintain, and operate a canal, lateral, ditch, levee, pipeline, or other facility to transport and distribute water, together with a service road or other facility incidental to or designed for use in connection with transportation and distribution of water, under, along, and across a:
(1)  railroad;
(2)  railroad right-of-way;
(3)  canal;
(4)  stream;
(5)  pipeline;
(6)  utility line;
(7)  street or alley in a municipality, subject to reasonable regulation by the municipality; or
(8)  public road or highway.
(b)  In crossing a facility described by Subsection (a), the authority:
(1)  may not impair the use of the facility; and
(2)  shall promptly restore the facility to its former condition of usefulness.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.203. Waste Services

Sec. 8104.203.  WASTE SERVICES.  The authority may collect and transport the domestic, industrial, or communal waste of an entity described by Section 8104.201(2), for the purposes provided by Chapter 30, Water Code, or for other purposes.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.204. Contracts

Sec. 8104.204.  CONTRACTS.  (a)  The authority may:
(1)  contract with a public or private corporation, a political subdivision of this state, including the City of Baytown, or any other person, on terms the board considers desirable, fair, and advantageous, for the performance of the authority's rights and powers under this chapter; and
(2)  contract with another person to transport that person's water.
(b)  Before the authority enters into a contract under this section, other than a contract between the authority and the City of Baytown, the Baytown City Council must approve the contract.
(c)  The period of a contract under Subsection (a)(1) may not exceed 40 years.  The contract may provide that it continues in effect until bonds issued by the authority to finance the cost of facilities authorized by this chapter and refunding bonds issued in place of those bonds are paid.
(d)  Section 552.014, Local Government Code, applies to any contract between the authority and a municipality, including the City of Baytown.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(23), eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.205. Consent Required for Waste Treatment and Disposal Facilities

Sec. 8104.205.  CONSENT REQUIRED FOR WASTE TREATMENT AND DISPOSAL FACILITIES.  Before acquiring or constructing a waste treatment or disposal facility, the authority must obtain the consent of the:
(1)  Gulf Coast Authority; or
(2)  Texas Commission on Environmental Quality, if the consent of the Gulf Coast Authority is unreasonably withheld or delayed.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 918 (S.B. 1489), Sec. 6, eff. June 15, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.206. Acquisition of Water Rights Not Prevented

Sec. 8104.206.  ACQUISITION OF WATER RIGHTS NOT PREVENTED.  This chapter does not prevent the authority from acquiring water rights under any law or permit if the acquisition is approved by order or later permit from the Texas Commission on Environmental Quality.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.207. Election Not Required to Approve Contracts

Sec. 8104.207.  ELECTION NOT REQUIRED TO APPROVE CONTRACTS.  The authority is not required to hold an election to approve a contract with a political subdivision for services described by this chapter.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter E. Powers and Duties › Section 8104.208. Cost of Relocating Property

Sec. 8104.208.  COST OF RELOCATING PROPERTY.  (a)  In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, 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 of the old facility.
(b)  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 the relocating, raising, rerouting, changing the grade of, or altering the construction of a highway, a railroad, an electric transmission line, a pipeline, or a telephone or telegraph property or facility, the necessary relocation, raising, rerouting, changing the grade of, or alteration of construction shall be accomplished at the sole expense of the authority.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter F. General Financial Provisions › Section 8104.251. Fiscal Year

Sec. 8104.251.  FISCAL YEAR.  The authority's fiscal year is from October 1 to September 30, unless the board changes the fiscal year.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter F. General Financial Provisions › Section 8104.252. Authority Depository

Sec. 8104.252.  AUTHORITY DEPOSITORY.  (a)  With the prior approval of the Baytown City Council, the board shall select one or more banks in this state to act as depository for the authority's money.
(b)  To the extent that money in a depository bank is not insured by the Federal Deposit Insurance Corporation, the money shall be secured in the manner provided by law for the security of the City of Baytown's money.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8104 - Baytown Area Water Authority › Subchapter F. General Financial Provisions › Section 8104.253. Investment Authority

Sec. 8104.253.  INVESTMENT AUTHORITY.  The authority may invest:
(1)  money held in any sinking fund, reserve fund, or other fund; or
(2)  money not required for immediate use or disbursement in the securities as provided by this chapter.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.