81C25(4) KEL

 

CHAPTER 8280.  ISAACSON MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8280.001.  DEFINITIONS ................................ 1

Sec. 8280.002.  NATURE OF DISTRICT ......................... 2

Sec. 8280.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ..... 2

Sec. 8280.004.  DISTRICT TERRITORY ......................... 3

[Sections 8280.005-8280.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8280.051.  COMPOSITION OF BOARD; TERMS ................ 4

[Sections 8280.052-8280.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8280.101.  MUNICIPAL UTILITY DISTRICT POWERS AND

                  DUTIES ................................... 7

CHAPTER 8280.  ISAACSON MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8280.001.  DEFINITIONS.  In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Director" means a member of the board.

(3)  "District" means Isaacson Municipal Utility District.  (Acts 71st Leg., R.S., Ch. 741, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means Isaacson Municipal Utility District.

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8280.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Wharton County created under Section 59, Article XVI, Texas Constitution.  (Acts 71st Leg., R.S., Ch. 741, Secs. 1(a) (part), (b) (part).)

Source Law

Sec. 1.  (a)  A conservation and reclamation district, to be known as Isaacson Municipal Utility District, is created in Wharton County, … .  The district is a governmental agency and a body politic and corporate.

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

Revisor's Note

Section 1(a), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refers to the district as "a governmental agency and a body politic and corporate."  The revised law omits the quoted language 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.

Revised Law

Sec. 8280.003.  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 district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 71st Leg., R.S., Ch. 741, Secs. 1(b) (part), 5.)

Source Law

[Sec. 1]

(b)  [The district] … is essential to accomplish the purposes of [Article XVI, Section 59, of the 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  Article XVI, Section 59, of the Texas Constitution.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8280.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Acts of the 71st Legislature, Regular Session, 1989, 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 district's right to impose a tax; or

(3)  the legality or operation of the district or its governing body.  (Acts 71st Leg., R.S., Ch. 741, 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 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 lengthy 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 741, Acts of the 71st Legislature, Regular Session, 1989, 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 8280.005-8280.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8280.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.  (Acts 71st Leg., R.S., Ch. 741, Secs. 7(a), (d).)

Source Law

Sec. 7.  (a)  The district is governed by a board of five directors.

(d)  Permanent directors other than initial permanent directors serve staggered four-year terms.

Revisor's Note

(1)  Section 7(d), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refers to "[p]ermanent directors other than initial permanent directors."  The revised law omits "permanent" and "other than initial permanent directors" as unnecessary because, as used in the revised law, "director" refers to a permanent director other than an initial permanent director.

(2)  Sections 7(b) and (c), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refer to the temporary directors and the initial permanent directors.  The revised law omits as executed the references to temporary directors and initial permanent directors.  The omitted law reads:

(b)  Temporary directors serve until initial permanent directors are elected under Section 9.

(c)  Initial permanent directors serve until permanent directors are elected under Section 10.

(3)  Section 7(e), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, requires a director to qualify to serve in the manner provided by Section 54.025 or 54.116, Water Code. The revised law omits the reference to Section 54.025, Water Code, as executed, because that section refers to the qualification of a temporary director. The revised law omits the reference to Section 54.116, Water Code, because that section was repealed by Chapter 715, Acts of the 74th Legislature, Regular Session, 1995. Chapter 715 also enacted Section 49.055, Water Code, which contains the qualification procedures for a director of a municipal utility district. A reference to Section 49.055, Water Code, is unnecessary because that section applies to the district 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 54.025 or 54.116, Water Code, as appropriate.

(4)  Section 7(f), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, provides that a director serves until the director's successor has qualified.  The revised law omits the provision as unnecessary because it duplicates Section 17, Article XVI, Texas Constitution.  That section requires an officer in this state to continue to perform the officer's duties until the 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)  Section 8, Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, names and provides for the qualification of and for filling vacancies on the temporary board of directors.  The revised law omits that section as executed.  The omitted law reads:

Sec. 8.  (a)  The temporary board of directors is composed of:

(1)  Madeline Shimek, President

(2)  Tom Welfel, Secretary

(3)  Max Bustamante

(4)  Fernando Esponoza

(5)  Andrew Zbranek

(b)  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 Water Commission shall appoint the necessary number of persons to fill all vacancies on the board.

(2)  Section 10, Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, provides that after the district's confirmation election the district shall hold a directors election to elect initial directors with staggered terms and shall hold subsequent elections for directors every second year afterwards on the first Saturday in May.  The revised law omits those provisions as executed for the initial election and as superseded for subsequent elections by the 1995 enactment of Section 49.103, Water Code, applicable to the district under Sections 49.001, 49.002, and 49.103(e), Water Code.  Section 49.103 requires the election of the appropriate number of directors to be held on the uniform election date in May of even-numbered years. The omitted law reads:

Sec. 10.  On the first Saturday in May of the second year after the year in which the confirmation election is held, an election shall be held in the district for the election of two directors who shall each serve two-year terms and three directors who shall each serve four-year terms.  Thereafter, on the same date in each subsequent second year, the appropriate number of directors shall be elected to the board.

[Sections 8280.052-8280.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8280.101.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.  The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapters 49, 50, and 54, Water Code, applicable to a municipal utility district created under Section 59, Article XVI, Texas Constitution.  (Acts 71st Leg., R.S., Ch. 741, Sec. 6(a) (part); New.)

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 50 and 54, Water Code, applicable to municipal utility districts created under Article XVI, Section 59, of the Texas Constitution.  …

Revisor's Note

(1)  Section 6(a), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "powers."

(2)  Section 6(a), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refers to Chapters 50 and 54, Water Code.  For the reader's convenience, the revised law adds a reference to Chapter 49, Water Code, because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed most of the provisions of Chapter 50 and many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code.  Chapter 49 applies to municipal utility districts under Sections 49.001 and 49.002, Water Code.

(3)  Section 6(a), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, provides that the act prevails over general law in case of a conflict or inconsistency.  The revised law omits the provision because it duplicates Section 311.026(b), 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.

(4)  Section 6(b), Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, refers to the continuing right of supervision to be exercised by the Texas Water Commission.  The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Water Commission and therefore the provision duplicates, in substance, part of Section 12.081, Water Code, which applies to the district.  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 Water Commission.

Revisor's Note

(End of Chapter)

(1)  Sections 1(a) and 9, Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, require an election to confirm establishment of the district and to elect initial directors.  The revised law omits the provisions as executed.  The omitted law reads:

Sec. 1.  (a) [A … district … is created …] subject to approval at a confirmation election under Section 9 of this Act. …

Sec. 9.  (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 54, Water Code.

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

(2)  Section 11, Chapter 741, Acts of the 71st Legislature, Regular Session, 1989, provides that the notice, introduction, and passage of the act satisfied the requirements of the Texas Constitution, other laws of this state, and rules and procedures of the legislature.  Section 11 also provides that the Texas Water Commission timely filed recommendations relating to the act.  The revised law omits these provisions as executed.  The omitted law reads:

Sec. 11.  (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 Act to the Texas Water Commission.

(b)  The Texas Water 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 within respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.