2005 Texas Special Districts Code CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON COUNTY

SPECIAL DISTRICT LOCAL LAWS CODE

SUBTITLE B. FRESH WATER SUPPLY DISTRICTS

CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON 
COUNTY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 6901.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "District" means the Bayview Municipal Utility 
District of Galveston County, Texas.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.002. NATURE OF DISTRICT.  The Bayview Municipal 
Utility District of Galveston County is:
		(1)  a conservation and reclamation district 
established under Section 59, Article XVI, Texas Constitution;  and
		(2)  a fresh water supply district.                                           

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.003. DECLARATION AND FINDINGS.  (a) The 
legislature declares that the district is:
		(1)  essential to the accomplishment of the purposes of 
Section 59, Article XVI, Texas Constitution;  and
		(2)  a municipal corporation.                                                 
	(b)  The legislature finds that:                                               
		(1)  the district is created to serve a public use and 
benefit;  and        
		(2)  all land and other property included in the 
district are, and will be, benefited by the creation of the district 
and the improvements that the district purchases, constructs, or 
otherwise acquires.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.004. TERRITORY OF DISTRICT.  The district is 
composed of the territory described by Section 1, Chapter 245, Acts 
of the 58th Legislature, Regular Session, 1963 (V.A.C.S. Art. 
8280-287), as that territory may have been modified under:
		(1)  Section 6901.058 or its predecessor statute, 
Section 5, Chapter 245, Acts of the 58th Legislature, Regular 
Session, 1963 (V.A.C.S. Art. 8280-287);
		(2)  Chapter 4, Title 128, Revised Statutes, before 
August 30, 1971;        
		(3)  Subchapter G, Chapter 53, Water Code, before 
September 1, 1995;        
		(4)  Subchapter J, Chapter 49, Water Code;  or                                
		(5)  other law.                                                               

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   

SUBCHAPTER B. POWERS AND DUTIES


	§ 6901.051. GENERAL POWERS AND DUTIES.  The district has 
all the rights, powers, privileges, and duties conferred and 
imposed by a general law of this state on a fresh water supply 
district created under Section 59, Article XVI, Texas Constitution, 
including Chapters 49 and 53, Water Code.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.052. RELATION TO OTHER LAW.                                          

Acts 2005, 79th Leg., ch. 729, § 2.02 repeals this section 
effective April 1, 2007
	This chapter prevails over a provision of a general law 
described by Section 6901.051 that conflicts with or is 
inconsistent with this chapter.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.053. BOARD OF DIRECTORS.  The board consists of 
five directors.    

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.054. LIMITATION ON USE OF EMINENT DOMAIN.  The 
district may not exercise the power of eminent domain outside the 
boundaries of the district.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.055. LIMITATION ON LENGTH OF CERTAIN CONTRACTS.  A 
district contract for the purchase or sale of water may not exceed 
40 years.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.056. INSTALLMENT OF STREET LIGHTS.  (a) After 
voter approval, the district may:
		(1)  install, operate, and maintain street lighting 
within a public utility easement or public right-of-way inside the 
district's boundaries;  and
		(2)  assess the cost of installing, operating, and 
maintaining the street lighting as an additional charge in the 
monthly billings of the district's customers.
	(b)  This section does not authorize the district to install, 
operate, or maintain street lighting on a right-of-way that is part 
of the designated state highway system.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.057. DISTRICT TAX ASSESSOR AND COLLECTOR.  (a) The 
board shall appoint a tax assessor and collector for the district 
for a period not to exceed the term of office of the directors 
making the appointment.
	(b)  The district's tax assessor and collector is not 
required to be a resident or voter of the district.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.058. ADDITION OF TERRITORY TO DISTRICT.  (a) In 
addition to the method of adding territory to a district provided by 
Subchapter J, Chapter 49, Water Code, the district may add 
territory as provided by this section.
	(b)  The owner or owners of land may request by petition that 
the board include the land in the district.
	(c)  A petition under Subsection (b) must be filed with the 
board and describe the land to be added to the district.  The 
description may be by metes and bounds or by lot and block number.  
The petition must be signed and executed in the manner provided by 
law for the conveyance of real estate.
	(d)  The board shall hear and consider a petition filed under 
this section.  The board may add the land to the district if the 
board considers the addition to be to the advantage of the district.
	(e)  A petition granted under this section shall be filed and 
recorded in the deed records of Galveston County.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.059. ACQUISITION OF IMPROVEMENTS.  The district 
may make, construct, or otherwise acquire improvements inside or 
outside the district that are necessary or convenient to execute a 
power granted to the district under this chapter or a general law 
described in Section 6901.051.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 6901.060. COST OF RELOCATING PROPERTY.  (a) In this 
section "sole expense" means the actual cost of the relocating, 
raising, lowering, rerouting, changing the grade of, or altering 
the construction of a facility described in 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 district, in the exercise of the power of eminent 
domain or relocation or another 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, telephone or telegraph properties and 
facilities, or a pipeline, the necessary relocating, raising, 
rerouting, changing of grade, or alteration of construction shall 
be accomplished at the sole expense of the district.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.