2005 Texas Special Districts Code CHAPTER 8122. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 177

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8122. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 177

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8122.001. 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 Fort Bend County Municipal 
Utility District No. 177.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.002. NATURE OF DISTRICT.  The district is a 
municipal utility district in Fort Bend County created under and 
essential to accomplish the purposes of Section 52, Article III, 
and Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8122.023 before September 1, 2007:
		(1)  the district is dissolved September 1, 2007, 
except that:              
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to Fort Bend 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, 2010.                                  

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.004. 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.005. 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8122.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2010
	(a)  On or after September 1, 2005, a person who owns land 
inside the boundaries of the district may petition the Texas 
Commission on Environmental Quality to appoint as temporary 
directors the five persons listed in the petition.
	(b)  The commission shall appoint as temporary directors the 
persons listed in a petition received by the commission under 
Subsection (a).  If the commission receives more than one petition, 
the commission shall appoint the directors listed in the first 
petition the commission receives.
	(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 
8122.023;  or             
		(2)  the date this chapter expires under Section 
8122.003.                  

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2010
	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 Fort Bend 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.023. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2010
	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.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.024. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2010
	The directors elected under Section 8122.023 shall draw lots 
to determine which two shall serve until the first regularly 
scheduled election of directors under Section 8122.052 and which 
three shall serve until the second regularly scheduled election of 
directors.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.025. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2010
	This subchapter expires September 1, 2010.                                     

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8122.051. 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.052. 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES


	§ 8122.101. GENERAL POWERS.  The district has all of the 
rights, powers, privileges, authority, functions, 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.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.102. ROAD PROJECTS.  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 or outside the district.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.103. 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 the city 
council of the City of Rosenberg, 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. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


	§ 8122.151. TAX TO REPAY BONDS.  The district may impose a 
tax to pay the principal of or interest on bonds issued under 
Section 8122.201.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.


	§ 8122.152. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND 
ASSESSMENTS.  The district may not impose an impact fee or 
assessment on the property, including the equipment, 
rights-of-way, facilities, or improvements, of:
		(1)  an electric utility or a power generation company 
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 person who provides to the public cable 
television or advanced telecommunications services.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.

SUBCHAPTER E. BONDS


	§ 8122.201. 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 
8122.101 and 8122.102.
	(b)  The district may not issue bonds to finance projects 
authorized by Section 8122.102 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 8122.102 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 8122.102 or to 
bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., ch. 430, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1166, § 1, eff. Sept. 1, 2005.