SECTION 3. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8012 to
read as follows:
CHAPTER 8012. RIVERSIDE
MUNICIPAL UTILITY DISTRICT OF LIBERTY COUNTY
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8012.001.
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 Riverside Municipal Utility District of Liberty County.
Sec. 8012.002. NATURE OF
DISTRICT. The district is a municipal utility district created under
Section 59, Article XVI, Texas Constitution.
Sec. 8012.003.
CONFIRMATION AND DIRECTORS' 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.
Sec. 8012.004. CONSENT OF
MUNICIPALITY REQUIRED. The temporary directors may not hold an election
under Section 8012.003 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.
Sec. 8012.005. 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, or
improvement of macadamized, graveled, or paved roads or improvements,
including storm drainage, in aid of those roads.
Sec. 8012.006. INITIAL
DISTRICT TERRITORY. (a) The district is initially composed of the
territory described by Section 4 of the Act enacting this chapter.
(b) The boundaries and
field notes contained in Section 4 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.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8012.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five elected
directors.
(b) Except as provided by
Section 8012.052, directors serve staggered four-year terms.
Sec. 8012.052. TEMPORARY
DIRECTORS. (a) The temporary board consists of:
(1) Will King;
(2) Micky Redus;
(3) Jim Smesny;
(4) Dorothy Badgett; and
(5) Daniel Walker.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 8012.003; or
(2) September 1, 2021.
(c) If permanent
directors have not been elected under Section 8012.003 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 8012.003; 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.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8012.101. GENERAL
POWERS AND DUTIES. The district has the powers and duties necessary to
accomplish the purposes for which the district is created.
Sec. 8012.102. 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. 8012.103. AUTHORITY
FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may design, acquire, construct, finance, issue bonds for, improve,
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.
Sec. 8012.104. 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.
Sec. 8012.105. 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.
Sec. 8012.106. DIVISION
OF DISTRICT. (a) The district may be divided into two or more new
districts only if:
(1) the district has no
outstanding bonded debt;
(2) the district is not
imposing ad valorem taxes; and
(3) the requirements of
Subsection (k) have been met.
(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
4 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 8012.003 to confirm the creation of the district.
(f) An order dividing the
district shall:
(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 8012.003.
(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) If the district is
located wholly or partly in the corporate limits or the extraterritorial
jurisdiction of a municipality, the district may not divide under this
section unless the municipality by resolution or ordinance consents to the
division of the district. If the district is not located wholly or partly
in the corporate limits or extraterritorial jurisdiction of a municipality,
the district may not divide under this section unless the commissioners
court of each county in which the district is wholly or partly located
adopts a resolution or order consenting to the division of the district.
Sec. 8012.107. LIMITATION
ON USE OF EMINENT DOMAIN. The district may not exercise the power of
eminent domain outside the district to acquire a site or easement for:
(1) a road project authorized
by Section 8012.103; or
(2) a recreational
facility as defined by Section 49.462, Water Code.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8012.151. ELECTIONS
REGARDING TAXES OR BONDS. (a) The district may issue, without an
election, bonds and other obligations secured by revenue other than ad
valorem taxes.
(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.
Sec. 8012.152. OPERATION
AND MAINTENANCE TAX. (a) If authorized at an election held under Section
8012.151, 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.
Sec. 8012.153. 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.
Sec. 8012.154. WATER AND
SEWER RATES. Notwithstanding any other law, the district shall establish
the same rates for residential and commercial classes of customers for the
provision of water and sewer services. For purposes of this section, the
commercial class may not include apartment complexes or other multifamily
dwellings.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8012.201. 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.
Sec. 8012.202. 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.
Sec. 8012.203. 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.
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