S.B. No. 1871
relating to the creation of the Brazoria County Municipal Utility
District No. 44; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8153 to read as follows:
CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8153.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
(2) "Director" means a member of the board.
(3) "District" means the Brazoria County Municipal
Utility District No. 44.
Sec. 8153.002. NATURE OF DISTRICT. The district is a
municipal utility district in Brazoria County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Sec. 8153.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8153.024 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Brazoria County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
(2) this chapter expires September 1, 2010.
Sec. 8153.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
[Sections 8153.005-8153.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8153.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality to
appoint as temporary directors the five persons named in the
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
(2) the date this chapter expires under Section
Sec. 8153.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Brazoria County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
Sec. 8153.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
(a) The temporary directors may not hold an election under Section
8153.024 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has adopted a
resolution consenting to the creation of the district.
(b) If the district is located outside the extraterritorial
jurisdiction of a municipality, the temporary directors may not
hold the election until each county in which the district is located
has adopted a resolution consenting to the creation of the
(c) A municipality or county may not adopt a resolution
under this section before the effective date of the Act creating
Sec. 8153.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. If each municipality or county has consented to the
creation of the district under Section 8153.023, the temporary
directors shall hold an election to confirm the creation of the
district and to elect five directors as provided by Section 49.102,
Sec. 8153.025. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8153.024 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8153.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8153.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8153.027-8153.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8153.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8153.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8153.053-8153.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8153.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8153.102. ROAD PROJECTS. (a) To the extent
authorized under Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet or exceed
all applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which the
district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Sec. 8153.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements of
any ordinance or resolution adopted by the city council of the City
Sec. 8153.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
[Sections 8153.105-8153.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8153.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
[Sections 8153.152-8153.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8153.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8153.101 and 8153.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8153.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8153.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8153.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Brazoria County Municipal Utility District
No. 44 initially includes all the territory contained in the
BEGINNING at a concrete monument at the intersection with the East
line of County Road 48, Airline road, and the South line of County
Road 51; said concrete monument making the Northwest corner of
Tract 25 of the Bogart & Taylor Subdivision;
THENCE South 03 deg. 01 min. 46 sec. East 2,577.15 feet to a
concrete monument at the intersection with the East line of County
Road 48 and the North line of County Road 35;
THENCE North 86 deg. 58 min. 14 sec. East 4,305.70 feet along the
North line of County Road 35 to a concrete monument in the Westerly
right-of-way line of the proposed State Highway 288 Freeway;
THENCE in a Northerly direction following the said Westerly
right-of-way line of proposed State Highway 288 Freeway with the
following calls: North 42 deg. 01 min. 15 sec. East, 70.69 feet to
an iron rod for corner;
THENCE North 02 deg, 59 min. 46 sec. West, 1,273.85 feet to an iron
rod for corner;
THENCE around a curve to the left whose radius is 1,091.35 feet, an
arc distance of 961.91 feet to an iron rod for corner;
THENCE North 53 deg. 29 min. 46 sec. West, 44.89 feet to an iron rod
THENCE around a curve to the right whose radius is 446.46 feet, an
arc distance of 293.51 feet to an iron rod for corner;
THENCE North 45 deg. 34 min. 29 sec. West, 134.72 feet to an iron rod
THENCE South 87 deg. 00 min. 14 sec. West, 270.00 feet to an iron rod
THENCE North 02 deg. 59 min. 46 sec. West, 31.24 feet to a concrete
monument in the South line of County Road 51;
THENCE South 86 deg. 58 min. 14 sec. West, 3,405.20 feet along the
South line of County Road 51 to the PLACE OF BEGINNING
Said tract therein containing 249.972 acres of land.
SAVE AND EXCEPT 4.066 acres, more or less, out of Lots Twenty Two
(22) and Twenty Three (23) being more fully described in that
certain conveyance of drainage facilities to the State Hwy
Commission as filed under Volume 1180, Page 790 of the Deed Records
of Brazoria County, Texas.
SAVE AND EXCEPT the Southerly thirty (30) feet of Lot Twenty Four
(24) as conveyed to the County of Brazoria as described in deed
filed under Volume 50, Page 102, in the Deed Records of Brazoria
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1871 passed the Senate on
May 5, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 1871 passed the House, with
amendment, on May 25, 2005, by a non-record vote.
Chief Clerk of the House