81C17(3) UM

 

CHAPTER 8272.  HARRIS COUNTY MUNICIPAL

UTILITY DISTRICT NO. 386

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8272.001.  DEFINITION ................................  1

Sec. 8272.002.  NATURE OF DISTRICT ........................  2

Sec. 8272.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ....  2

Sec. 8272.004.  DISTRICT TERRITORY ........................  3

[Sections 8272.005-8272.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8272.051.  COMPOSITION OF BOARD; TERMS ...............  4

[Sections 8272.052-8272.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8272.101.  MUNICIPAL UTILITY DISTRICT POWERS .........  8

Sec. 8272.102.  COMPLIANCE WITH MUNICIPAL CONSENT

                  ORDINANCES OR RESOLUTIONS ...............  9

Sec. 8272.103.  RELOCATING OR ALTERING PROPERTY; COSTS .... 10

Sec. 8272.104.  UTILITY PROPERTY EXEMPT FROM IMPACT

                  FEES AND ASSESSMENTS .................... 11

CHAPTER 8272.  HARRIS COUNTY MUNICIPAL

UTILITY DISTRICT NO. 386

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8272.001.  DEFINITION.  In this chapter, "district" means the Harris County Municipal Utility District No. 386.  (Acts 77th Leg., R.S., Ch. 1381, Sec. 2.)

Source Law

Sec. 2.  In this Act, "district" means the Harris County Municipal Utility District No. 386.

Revised Law

Sec. 8272.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Harris County, created under Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1381, Secs. 1(a) (part), (b) (part).)

Source Law

Sec. 1.  (a)  A conservation and reclamation district, to be known as the Harris County Municipal Utility District No. 386, is created in Harris County, … .

(b)  The district is created under and … Section 59, Article XVI, Texas Constitution.

Revisor's Note

(1)  Section 1(a), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to a confirmation election.  Because the confirmation election has already been held, the revised law omits the provision as executed.  The omitted law reads:

(a)  … subject to approval at a confirmation election under Section 10 of this Act. …

(2)  Section 1(a), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provides that the district is a governmental agency and a body politic and corporate.  The revised law omits the provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.  The omitted law reads:

(a)  … The district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8272.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 77th Leg., R.S., Ch. 1381, Secs. 1(b) (part), 5.)

Source Law

[Sec. 1]

(b)  [The district is created under and] is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 5.  All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8272.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, as that territory may have been modified under:

(1)  Subchapter H, Chapter 54, Water Code;

(2)  Subchapter J, Chapter 49, Water Code; or

(3)  other law.

(b)  The boundaries and field notes of the district form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect:

(1)  the district's organization, existence, or validity;

(2)  the validity of district bonds, notes, or other indebtedness;

(3)  the district's right to impose a tax; or

(4)  the legality or operation of the district or its governing body.  (Acts 77th Leg., R.S., Ch. 1381, Sec. 4; New.)

Source Law

Sec. 4.  The legislature finds that the boundaries and field notes of the district form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the organization, existence, or validity of the district, the validity of its bonds, notes, or other indebtedness, the right of the district to levy and collect taxes, or the legality or operation of the district or its governing body.

Revisor's Note

(1)  The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes references to the statutory description of the district's territory and to the authority to change the district's territory under Subchapter H, Chapter 54, Water Code, applicable to municipal utility districts, and under Subchapter J, Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact a law to change the district's territory.

(2)  Section 4, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to the district's authority to "levy and collect" taxes.  The revised law substitutes "impose" for "levy and collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the levy and collection of a tax.

[Sections 8272.005-8272.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8272.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 77th Leg., R.S., Ch. 1381, Secs. 8(a), (d).)

Source Law

Sec. 8.  (a)  The district is governed by a board of five directors.

(d)  Permanent directors serve staggered four-year terms.

Revisor's Note

(1)  Section 8(d), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 8, 9, and 10 of Chapter 1381 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors appointed by the Texas Natural Resource Conservation Commission, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors.  Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2)  Section 8(e), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provides that each director must qualify as provided by Section 49.055, Water Code.  The revised law omits Section 8(e) because it duplicates Section 49.055, which provides for the qualification of directors and applies to the district under Section 6(a), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001 (revised in this chapter as Section 8272.101), and under Sections 49.001 and 49.002, Water Code.  The omitted law reads:

(e)  Each director must qualify to serve as director in the manner provided by Section 49.055, Water Code.

(3)  Section 8(f), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provides that a director serves until a successor has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(f)  A director serves until the director's successor has qualified.

Revisor's Note

(End of Subchapter)

(1)  Sections 8(b) and (c), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refer to "temporary" and "initial" directors of the district and to elections under Sections 10 and 11 of that chapter.  The revised law omits Sections 8(b) and (c) as executed because the terms of the temporary and initial directors have expired and because the elections have been held.  The omitted law reads:

(b)  Temporary directors serve until initial directors are elected under Section 10 of this Act.

(c)  Initial directors serve until permanent directors are elected under Section 11 of this Act.

(2)  Section 9, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provides for the appointment of "temporary" directors and for certain procedures relating to their service.  Section 10 of that chapter provides for the "temporary" board to conduct an election for the district's initial elected board and to confirm the district's creation.  The revised law omits those sections as executed.  The omitted law reads:

Sec. 9.  (a)  On or after the effective date of this Act, a person who owns land included in the district may petition the Texas Natural Resource Conservation Commission to appoint the five temporary directors listed in the petition.  The commission shall appoint the directors listed in the petition.  If the commission receives more than one petition under this subsection, the commission shall appoint the directors listed in the first petition the commission receives.

(b)  A person appointed to be a temporary director shall take the oath of office as soon as practicable.

(c)  If an appointee of the commission fails to qualify or if a vacancy occurs in the office of temporary director, the Texas Natural Resource Conservation Commission shall appoint an individual to fill the vacancy.

(d)  As soon as all temporary directors have qualified, the directors shall meet and elect officers from among their membership.

Sec. 10.  (a)  The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect five initial directors as provided by Chapter 49, Water Code.

(b)  Section 41.001(a), Election Code, does not apply to a confirmation and initial directors' election held as provided by this section.

(3)  Sections 11(a) and (b), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provide for the first directors' election following the confirmation and initial directors' election.  The revised law omits the provisions as executed because the first election has been held.  The omitted law reads:

Sec. 11.  (a)  On the first Saturday in May of the first even-numbered year after the year in which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors to serve two-year terms and three directors to serve four-year terms.

(b)  The board of directors by order may postpone the election date for two years if:

(1)  the election will occur within 60 days 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.

(4)  Section 11(c), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, requires directors' elections to be held on the first Saturday in May of each even-numbered year following the first election.  The revised law omits the reference to the year in which the first directors' election was held as executed.  The revised law omits the remainder of the provision because it duplicates, in substance, Section 49.103(b), Water Code.  Chapter 49, Water Code, applies to the district under Sections 49.001 and 49.002 of that chapter.  Although Section 49.103 refers to the "uniform election date" in May and Section 11(c) refers to the "first Saturday in May," it is clear that the legislature meant the former because "the first Saturday in May" was the uniform election date in 2001.  The omitted law reads:

(c)  On the first Saturday in May of each even-numbered year following the first election held under this section, the appropriate number of directors shall be elected.

[Sections 8272.052-8272.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8272.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, functions, and duties provided by general law applicable to a municipal utility district created under Section 59, Article XVI, Texas Constitution, including Chapters 49, 50, and 54, Water Code.  (Acts 77th Leg., R.S., Ch. 1381, Sec. 6(a) (part).)

Source Law

Sec. 6.  (a)  The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 49, 50, and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. …

Revisor's Note

(1)  Section 6(a), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(2)  Section 6(a), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law in case of a conflict or other inconsistency.  The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

(a)  … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(3)  Section 6(b), Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to the continuing supervision exercised by the "Texas Natural Resource Conservation Commission."  The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Natural Resource Conservation Commission and therefore the provision duplicates, in substance, part of Section 12.081, Water Code, which is a general law that applies to the district.  The name of the Texas Natural Resource Conservation Commission was changed to the Texas Commission on Environmental Quality by Section 18.01, Chapter 965, Acts of the 77th Legislature, Regular Session, 2001.  The omitted law reads:

(b)  The rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state to be exercised by and through the Texas Natural Resource Conservation Commission.

Revised Law

Sec. 8272.102.  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 the city council of the City of Houston, including an ordinance or resolution adopted before September 1, 2001, that consents to the creation of the district or to the inclusion of lands in the district.  (Acts 77th Leg., R.S., Ch. 1381, Sec. 12.)

Source Law

Sec. 12.  Subject to the limitations of Section 54.016, Water Code, the district shall comply with all valid and applicable requirements of any ordinance or resolution adopted by the city council of the City of Houston, including an ordinance or resolution adopted before the effective date of this Act, that consents to the creation of the district or to the inclusion of lands within the district.

Revisor's Note

(1)  Section 12, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, requires district compliance with "valid and applicable" requirements of any ordinance or resolution of the City of Houston.  The revised law omits "valid" because it does not add to the clear meaning of the law.  A requirement is not a requirement if it is not valid.

(2)  Section 12, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, refers to "the effective date of this Act."  The revised law substitutes "September 1, 2001," because that is the date Chapter 1381 took effect.

Revised Law

Sec. 8272.103.  RELOCATING OR ALTERING PROPERTY; COSTS.  (a)  The district may relocate, raise, reroute, change the grade of, or alter the construction of a highway, railroad, electric transmission line, telecommunications or other public utility facility, pipeline, canal, or drainage ditch if considered necessary by the board of directors.

(b)  The district shall pay for any relocation, raising, rerouting, changing, or altering under this section, unless otherwise agreed in writing by the interested parties.

(c)  If a facility is replaced, the cost of replacement is limited to an amount equal to the cost of replacing the facility with a comparable facility, less the replaced facility's net salvage value. (Acts 77th Leg., R.S., Ch. 1381, Sec. 7.)

Source Law

Sec. 7.  The district may relocate, raise, reroute, change the grade of, or alter the construction of a highway, railroad, electric transmission line, telecommunications or other public utility facility, pipeline, canal, or drainage ditch if considered necessary by the board of directors. The district shall pay for any relocation, raising, rerouting, changing, or altering under this section, unless otherwise agreed in writing by the interested parties. If a facility is replaced, the cost of replacement is limited to an amount equal to the cost of replacing the facility with a comparable facility, less the replaced facility's net salvage value.

Revised Law

Sec. 8272.104.  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; or

(3)  a telecommunications provider as defined by Section 51.002, Utilities Code.  (Acts 77th Leg., R.S., Ch. 1381, Sec. 6(c).)

Source Law

(c)  The district may not impose an impact fee or assessment on the property, equipment, rights of way, facilities, or improvements of an electric utility or a power generation company as defined by Section 31.002, Utilities Code, a gas utility as defined by Section 101.003 or 121.001, Utilities Code, or a telecommunications provider as defined by Section 51.002, Utilities Code.

Revisor's Note

(End of Chapter)

Section 13, Chapter 1381, Acts of the 77th Legislature, Regular Session, 2001, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice and the filing of recommendations.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 13.  (a)  The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and a copy of this Act to the Texas Natural Resource Conservation Commission.

(b)  The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(c)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.