2005 Texas Special Districts Code CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 5, 6, AND 7

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS 
NOS. 5, 6, AND 7

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8140.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" or "boards" means, as appropriate, the 
board of directors of one or all of the districts.
		(2)  "Director" means a member of a board.                                    
		(3)  "District" or "districts" means, as appropriate, 
one or all of the East Montgomery County Municipal Utility 
Districts Nos. 5, 6, and 7.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.002. NATURE OF DISTRICT.  Each district is a 
municipal utility district in Montgomery 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. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of a district is not confirmed at a confirmation election 
held under Section 8140.023 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 Montgomery County;  and
			(C)  the organization of the district shall be 
maintained until all debts are paid and remaining assets are 
transferred;  and
		(2)  the provisions of this chapter relating to that 
district expire September 1, 2010.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.004. INITIAL DISTRICT TERRITORY.  (a) Each 
district is initially composed of the territory described by 
Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes of each district, as 
described by 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. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.005. APPLICABILITY OF OTHER LAW.  Except as 
otherwise provided by this chapter, Chapters 49 and 54, Water Code, 
apply to the districts.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8140.021. 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 a district may petition the Texas 
Commission on Environmental Quality to appoint as temporary 
directors of that district 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 
for a district, 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 
8140.023;  or             
		(2)  the date the provisions of this chapter relating 
to the district expire under Section 8140.003.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2010
	As soon as practicable after all the temporary directors of a 
district have qualified under Section 49.055, Water Code, the 
temporary directors of that district shall meet at a location in the 
district agreeable to a majority of the directors of that district.  
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. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.023. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2010
	The temporary directors of each district 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. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.024. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2010
	The directors of each district elected under Section 8140.023 
shall draw lots to determine which two shall serve until the first 
regularly scheduled election of directors under Section 8140.052 
and which three shall serve until the second regularly scheduled 
election of directors.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.025. EXPIRATION OF SUBCHAPTER.                                       

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

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8140.051. DIRECTORS;  TERMS.  (a) Each district is 
governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.                                

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.052. ELECTION OF DIRECTORS.  On the uniform 
election date in May of each even-numbered year, the appropriate 
number of directors of each district shall be elected.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8140.101. GENERAL POWERS.  Each 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. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.102. ROAD PROJECTS.  (a) 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 the district.
	(b)  A road project must meet all applicable construction 
standards, zoning and subdivision requirements, and regulatory 
ordinances of the municipality or county in whose jurisdiction the 
district is located.
	(c)  The district may not undertake a road project unless 
each municipality or county in whose jurisdiction the district is 
located consents by ordinance or resolution.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           


	§ 8140.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES 
OR RESOLUTIONS.  Subject to the limitations of Section 54.016, 
Water Code, each district shall comply with all applicable 
requirements of any ordinance or resolution adopted by the city 
council of the City of Houston, 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. 775, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


	§ 8140.151. TAX TO REPAY BONDS.  Each district may impose 
a tax to pay the principal of or interest on bonds issued under 
Section 8140.201.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER E. BONDS


	§ 8140.201. AUTHORITY TO ISSUE BONDS AND OTHER 
OBLIGATIONS.  (a) Each 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 8140.101 and 8140.102.
	(b)  A district may not issue bonds to finance projects 
authorized by Section 8140.102 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 8140.102 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 a district under Section 8140.102 or to 
bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., ch. 775, § 1, eff. Sept. 1, 2005.