2005 Texas Special Districts Code CHAPTER 8134. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8134. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 19

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8134.001. 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 Williamson County Municipal 
Utility District No. 19.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.002. NATURE OF DISTRICT.  The district is a 
municipal utility district in Williamson County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8134.023 before September 1, 2009:
		(1)  the district is dissolved September 1, 2009, 
except that:              
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to Williamson 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, 2012.                                  

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.004. 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;  or                           
		(3)  the legality or operation of the board.                                  

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.005. APPLICABILITY OF OTHER LAW.  Except as 
otherwise provided by this chapter, Chapters 30, 49, and 54, Water 
Code, apply to the district.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8134.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2012
	(a)  The temporary board consists of:                                          
		(1)  Aubrey Richard Hightower;                                                
		(2)  Eddie W. Karam;                                                          
		(3)  Shelley Ledyard;                                                         
		(4)  Brian Lott;  and                                                         
		(5)  Joe W. McDaniel.                                                         
	(b)  A temporary director is not required to own land in or 
reside in the district.
	(c)  If a temporary director fails to qualify for office, the 
temporary directors who have qualified shall appoint a person to 
fill the vacancy.  If at any time there are fewer than three 
qualified temporary directors, the Texas Commission on 
Environmental Quality shall appoint the necessary number of persons 
to fill all vacancies on the board.
	(d)  Temporary directors serve until the earlier of:                           
		(1)  the date directors are elected under Section 
8134.023;  or             
		(2)  the date this chapter expires under Section 
8134.003.                  

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2012
	As soon as practicable after all the temporary directors have 
qualified under Section 49.055, Water Code, a majority of the 
temporary directors shall convene the organizational meeting of the 
district at a location in the district agreeable to a majority of 
the directors.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.023. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2012
	(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.  If the creation of the 
district is not confirmed at the initial election, the temporary 
directors may hold a second election not sooner than the first 
anniversary of the initial election.
	(b)  At the confirmation and initial directors' election the 
board may submit to the voters a proposition to authorize:
		(1)  an issuance of bonds;                                                    
		(2)  a maintenance tax;  or                                                   
		(3)  a tax to fund payments required under a contract.                        
	(c)  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. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.024. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2012
	The directors elected under Section 8134.023 shall draw lots 
to determine which two shall serve terms expiring June 1 following 
the first regularly scheduled election of directors under Section 
8134.052 and which three shall serve until June 1 following the 
second regularly scheduled election of directors.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.025. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2012
	This subchapter expires September 1, 2012.                                     

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8134.051. DIRECTORS;  TERMS.  (a) The district is 
governed by a board of five directors.
	(b)  Directors serve staggered four-year terms that expire 
June 1 of even-numbered years.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.052. 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. 1328, § 1, eff. Sept. 1, 2005.          

SUBCHAPTER C. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS


	§ 8134.101. DIVISION OF DISTRICT;  PREREQUISITES.  (a) At 
any time before the district issues indebtedness secured by taxes 
or net revenues, the district, including any annexed territory, may 
be divided into an original district and one or more new districts.  
The board shall determine which portion of the divided area 
constitutes the original district.
	(b)  A district created by division of the original district 
under Subsection (a) may further subdivide as determined by the 
board of that district.
	(c)  After a division under Subsection (a) or (b), the 
original district and any new district created must be at least 100 
acres.
	(d)  The board by resolution may declare an intent to divide 
the district.  The resolution must:
		(1)  set the terms of the division, including a plan for 
the payment or performance of any outstanding district obligations;  
and
		(2)  contain a metes and bounds description for each 
district, including the modified original district.
	(e)  Section 42.042, Local Government Code, and Section 
54.016, Water Code, do not apply to the creation of a new district 
by division under this subchapter.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.102. DISTRICT DIVISION BY ELECTION.  (a) Except as 
provided by Section 8134.103, the board shall hold an election in 
the district to determine whether the district should be divided as 
proposed under Section 8134.101(d).
	(b)  The board shall give notice of the election not later 
than the 20th day before the date of the election.  The notice must 
state:
		(1)  the date and location of the election;  and                              
		(2)  the proposition to be voted on.                                          
	(c)  If a majority of the votes cast are in favor of the 
division, the district is divided.
	(d)  If less than a majority of the votes cast are in favor of 
the division, the district may not be divided.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.103. DISTRICT DIVISION BY CONSENT.  (a) The board 
may approve and order the division of the district without an 
election if the board has received written consent to the proposed 
division from all title holders of the land in the proposed new 
district or districts as indicated by the tax rolls of the central 
appraisal district.
	(b)  If the board orders the division without an election, 
the district is divided as of the date of the order.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.104. NOTICE OF DIVISION.  Not later than the 30th 
day after the date of a division under this subchapter, the district 
shall provide written notice of the plan for division to:
		(1)  the Texas Commission on Environmental Quality;                           
		(2)  the attorney general;                                                    
		(3)  the commissioners court of each county in which a 
new district is located;  and
		(4)  any municipality having extraterritorial 
jurisdiction over territory in a new district.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.105. DISTRICT NAMES FOLLOWING DIVISION.  The area 
designated by the board as the original district retains the name of 
the original district.  The resulting new districts are assigned 
consecutive letters to be appended to the name of the original 
district.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.106. ELECTION OF DIRECTORS OF NEW DISTRICTS.  (a) 
After a division under this subchapter, the board shall continue to 
act as the board of the original district.
	(b)  Not later than the 90th day after the date of the 
division, the board shall appoint five directors for each of the new 
districts.  A person appointed under this subsection is not 
required to own land in or reside in the district for which the 
person is appointed.
	(c)  Directors of the original district serve the staggered 
terms to which they were elected before the division.  Directors 
appointed under Subsection (b) serve until June 1 following the 
election for directors under Subsection (d).
	(d)  On the uniform election date in May of the first 
even-numbered year after the year in which the directors are 
appointed, an election shall be held to elect five directors in each 
district for which directors were appointed under Subsection (b).  
Of the five directors elected in each district, the three directors 
receiving the greatest number of votes shall serve terms expiring 
June 1 following the second regularly scheduled election of 
directors under Subsection (e), and the remaining two directors 
shall serve terms expiring June 1 following the first regularly 
scheduled election of directors.
	(e)  Except as provided by Subsection (d), directors serve 
staggered four-year terms.  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. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.107. CONTINUING POWERS AND OBLIGATIONS OF NEW 
DISTRICTS.  (a)  Each new district may incur and pay debts and has 
all powers of the original district created by this chapter.
	(b)  If the district is divided as provided by this 
subchapter, the current obligations and any bond authorizations of 
the district are not impaired.  Debts shall be paid by revenues or 
by taxes or assessments imposed on real property in the district as 
if the district had not been divided or by contributions from each 
new district as stated in the terms set by the board in the plan for 
division.
	(c)  Any other district obligation shall be divided pro rata 
among the new districts and the original district on an acreage 
basis or on other terms that are satisfactory to the new districts.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.108. CONTRACT AUTHORITY OF NEW DISTRICTS.  The new 
districts may contract with each other for:
		(1)  water and wastewater services;  or                                       
		(2)  any other matter the boards of the new districts 
consider appropriate. 

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.          


	§ 8134.109. ANNEXATION BY MUNICIPALITY.  A municipality 
may annex the original district, or a new district that is created 
as a result of a division of the district under Section 8134.102 or 
8134.103, only after:
		(1)  the district has installed at least 90 percent of 
all works, improvements, facilities, plants, equipment, and 
appliances necessary and adequate to:
			(A)  provide service to the proposed development 
within the district;      
			(B)  accomplish the purposes for which the 
district was created;  and      
			(C)  exercise the powers provided by general law 
and this chapter;  or     
		(2)  at least 20 years have elapsed since the creation 
of the district was confirmed at an election held under Section 
8134.023.

Added by Acts 2005, 79th Leg., ch. 1328, § 1, eff. Sept. 1, 2005.