2005 Texas Special Districts Code CHAPTER 8112. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8112. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 
8

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8112.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "Director" means a member of the board.                                  
		(3)  "District" means the East Montgomery County 
Municipal Utility District No. 8.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.002. NATURE OF DISTRICT.  The district is a 
municipal utility district in Montgomery County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8112.023 before September 1, 2010:
		(1)  the district is dissolved September 1, 2010, 
except that:              
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to Montgomery County;  and
			(C)  the organization of the district shall be 
maintained until all debts are paid and remaining assets are 
transferred;  and
		(2)  this chapter expires September 1, 2013.                                  

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.004. 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 
district;              
		(2)  the right of the district to impose taxes;                               
		(3)  the validity of the district's bonds, notes, or 
indebtedness;  or      
		(4)  the legality or operation of the district or the 
board.                

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.005. APPLICABILITY OF OTHER LAW.  Except as 
otherwise provided by this chapter, Chapters 49 and 54, Water Code, 
apply to the district.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8112.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2013
	(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 requesting that the commission appoint as 
temporary directors the five persons named in the petition.
	(b)  The Texas Commission on Environmental Quality 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 or 
if a vacancy occurs in the office of temporary director, the vacancy 
shall be filled as provided by Section 49.105, Water Code.
	(d)  Temporary directors serve until the earlier of:                           
		(1)  the date directors are elected under Section 
8112.023;  or             
		(2)  the date this chapter expires under Section 
8112.003.                  

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2013
	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 Montgomery County Courthouse.  At the meeting, the 
temporary directors shall elect officers from among the temporary 
directors and conduct any other district business.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.023. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2013
	(a)  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, Water Code.
	(b)  Section 41.001(a), Election Code, does not apply to a 
confirmation and initial directors' election held under this 
section.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.024. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2013
	The directors elected under Section 8112.023 shall draw lots 
to determine which two shall serve until the first regularly 
scheduled election of directors under Section 8112.052 and which 
three shall serve until the second regularly scheduled election of 
directors.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.025. FIRST REGULARLY SCHEDULED ELECTION OF 
DIRECTORS.              

Text of section effective until September 1, 2013
	The board by order may postpone the first election under 
Section 8112.052 following the confirmation and directors' 
election held under Section 8112.023 if:
		(1)  the election would otherwise occur not later than 
the 60th day after the date on which the confirmation election is 
held;  or
		(2)  the board determines that there is not sufficient 
time to comply with the requirements of law and to order the 
election.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.026. EXPIRATION OF SUBCHAPTER.  This subchapter 
expires September 1, 2013.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8112.051. DIRECTORS;  TERMS.  (a) The district is 
governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.                                

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.052. ELECTION OF DIRECTORS.  On the uniform 
election date in May of each even-numbered year, the appropriate 
number of directors shall be elected.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8112.101. UTILITIES.  The district may not impose an 
impact fee or assessment on the property, equipment, rights-of-way, 
facilities, or improvements of:
		(1)  an electric utility as defined by Section 31.002, 
Utilities Code;      
		(2)  a gas utility as defined by Section 101.003 or 
121.001, Utilities Code;
		(3)  a telecommunications provider as defined by 
Section 51.002, Utilities Code;  or
		(4)  a cable operator as defined by 47 U.S.C. Section 
522, as amended.      

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.           


	§ 8112.102. COMPLIANCE WITH MUNICIPAL CONSENT 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 a 
municipality in the corporate limits or extraterritorial 
jurisdiction of which the district is located, including an 
ordinance or resolution adopted before September 1, 2005, that 
consents to the creation of the district or to the inclusion of 
lands within the district.

Added by Acts 2005, 79th Leg., ch. 839, § 1, eff. Sept. 1, 2005.