2005 Texas Special Districts Code CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8152.001. 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 Zapata County Municipal 
Utility District No. 2.   

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.002. NATURE OF DISTRICT.  The district is a 
municipal utility district in Zapata County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8152.023 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 Zapata 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. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.004. INITIAL DISTRICT TERRITORY.  The initial 
territory of the district is coextensive with the service areas 
covered by Certificates of Convenience and Necessity Nos. 12877 and 
20850, as identified on the Texas Commission on Environmental 
Quality official service area maps associated with those 
certificates.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8152.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2010
	(a)  On or after September 1, 2005, the commissioners of the 
Commissioners Court of Zapata County and the county judge of Zapata 
County shall each appoint one temporary director to serve as one of 
the five temporary directors of the district.
	(b)  If a temporary director fails to qualify for office, the 
person who appointed that temporary director shall appoint a person 
to fill the vacancy.
	(c)  Temporary directors serve until the earlier of:                           
		(1)  the date directors are elected under Section 
8152.023;  or             
		(2)  the date this chapter expires under Section 
8152.003.                  

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.022. 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 Zapata 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. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.023. 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. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.024. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2010
	The directors elected under Section 8152.023 shall draw lots 
to determine which two shall serve until the first regularly 
scheduled election of directors under Section 8152.052 and which 
three shall serve until the second regularly scheduled election of 
directors.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.025. TRANSFER OF ASSETS.                                             

Text of section effective until September 1, 2010
	(a)  If the district's creation is confirmed under Section 
8152.023, Zapata County shall transfer to the district the assets, 
debts, and contractual rights and obligations of the county 
associated with the Zapata County Waterworks under Certificate of 
Convenience and Necessity No. 12877 and the sanitary sewer utility 
under Certificate of Convenience and Necessity No. 20850.
	(b)  Not later than the 30th day after the date of the 
transfer under Subsection (a), the Zapata County Waterworks and 
Zapata County Certificates of Convenience and Necessity Nos. 12877 
and 20850 are considered to be held by the district.
	(c)  The Commissioners Court of Zapata County shall notify 
the Texas Commission on Environmental Quality of the transfer of 
Certificates of Convenience and Necessity Nos. 12877 and 20850 to 
the district.
	(d)  On receipt of notice under Subsection (c), the Texas 
Commission on Environmental Quality shall note in its records that 
Certificates of Convenience and Necessity Nos. 12877 and 20850 are 
held by the district and shall reissue the certificates in the name 
of the district without further application or notice.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.026. EXPIRATION OF SUBCHAPTER.                                       

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

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8152.051. 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. 777, § 1, eff. Sept. 1, 2005.           


	§ 8152.052. ELECTION OF DIRECTORS.  On the uniform 
election date in November of each even-numbered year, the 
appropriate number of directors shall be elected.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER C. POWERS AND DUTIES


	§ 8152.101. MUNICIPAL UTILITY DISTRICT POWERS AND 
DUTIES.  The district has the powers 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. 777, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


	§ 8152.151. TAX TO REPAY BONDS.  The district may impose a 
tax to pay the principal of or interest on bonds issued under 
Section 8152.201.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.           

SUBCHAPTER E. BONDS


	§ 8152.201. AUTHORITY TO ISSUE BONDS AND OTHER 
OBLIGATIONS.  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 Section 
8152.101.

Added by Acts 2005, 79th Leg., ch. 777, § 1, eff. Sept. 1, 2005.