81C423(3) KFF

 

CHAPTER 8292.  MONTGOMERY COUNTY MUNICIPAL UTILITY

DISTRICT NO. 67

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8292.001.  DEFINITIONS ...............................  1

Sec. 8292.002.  NATURE OF DISTRICT ........................  2

Sec. 8292.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ....  3

Sec. 8292.004.  DISTRICT TERRITORY ........................  3

[Sections 8292.005-8292.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8292.051.  COMPOSITION OF BOARD; TERMS ...............  5

Sec. 8292.052.  BOARD VACANCY .............................  6

[Sections 8292.053-8292.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8292.101.  MUNICIPAL UTILITY DISTRICT POWERS .........  9

Sec. 8292.102.  WATER CONSERVATION PROGRAM ................ 10

CHAPTER 8292.  MONTGOMERY COUNTY MUNICIPAL UTILITY

DISTRICT NO. 67

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8292.001.  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 Montgomery County Municipal Utility District No. 67.  (Acts 69th Leg., R.S., Ch. 756, Secs. 1(a) (part), 2; New.)

Source Law

Sec. 1.  (a)  … [a … district] … to be known as "Montgomery County Municipal Utility District No. 67." …

Sec. 2.  In this Act, "district" means the Montgomery County Municipal Utility District No. 67.

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. 8292.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Montgomery County created under Section 59, Article XVI, Texas Constitution.  (Acts 69th Leg., R.S., Ch. 756, Sec. 1(a) (part).)

Source Law

Sec. 1.  (a)  Pursuant to Article XVI, Section 59, of the Texas Constitution and … a conservation and reclamation district is created in Montgomery County, Texas, … .

Revisor's Note

(1)  Section 1(a), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, 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 of the qualified voters voting at a confirmation election to be held as provided by Sections 54.026 through 54.029, Water Code, [a … district is created] … .

(2)  Section 1(a), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, 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 shall be a governmental agency and a body politic and corporate.

Revised Law

Sec. 8292.003.  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 boundaries of 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 69th Leg., R.S., Ch. 756, Secs. 1(b), 5.)

Source Law

[Sec. 1]

(b)  The creation of the district is declared to be essential to the accomplishment of the purposes of Article XVI, Section 59, of the Texas Constitution.

Sec. 5.  The legislature finds that 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 and that the district is created to serve a public use and benefit.

Revised Law

Sec. 8292.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, 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 issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

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

(4)  the legality or operation of the district or its governing board.  (Acts 69th Leg., R.S., Ch. 756, Sec. 4; New.)

Source Law

Sec. 4.  The legislature finds that the boundaries and field notes of the district form a closure.  If any mistake is made in the field notes or in copying the field notes in the legislative process, it in no way affects the organization, existence, or validity of the district, or the right of the district to issue any type of bonds or refunding bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds, or the right of the district to levy and collect taxes, or in any other manner affects the legality or operation of the district or its governing board.

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 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 756, Acts of the 69th Legislature, Regular Session, 1985, provides that a mistake in the description of district boundaries does not affect the right of the district to issue "any type of bonds or refunding bonds."  The revised law omits the reference to "refunding bonds" because refunding bonds are included in the meaning of "any type of bonds."

(3)  Section 4, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, 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 8292.005-8292.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8292.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five elected directors.

(b)  Directors serve staggered four-year terms.  (Acts 69th Leg., R.S., Ch. 756, Secs. 8(a), 10 (part).)

Source Law

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

Sec. 10.  …  all directors elected serve four-year terms.

Revisor's Note

Section 10, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, provides that the district shall hold an election to elect initial directors, whose two-year or four-year terms begin the staggering of terms, and shall hold subsequent elections for directors in even-numbered years on the first Saturday in April.  The revised law preserves the provision for staggered terms but omits the provision regarding the initial election as executed and omits the provision regarding subsequent elections as superseded by the 1995 enactment of Section 49.103, 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. Throughout this chapter, the revised law omits law that is superseded by Chapter 49, Water Code, or that duplicates law contained in that chapter.  Chapter 49, Water Code, applies to the district under Sections 49.001 and 49.002 of that code. The omitted law reads:

Sec. 10.  On the first Saturday in April in the first even-numbered year following the confirmation and director election, an election for directors to fill all five positions on the board shall be held. Unless otherwise agreed, the two directors elected with the fewest number of votes serve until April in the next following even-numbered year, and the three with the highest number of votes serve until April in the second following even-numbered year. Subsequent elections shall be held on the first Saturday in April of even-numbered years, and … .

Revised Law

Sec. 8292.052.  BOARD VACANCY.  (a)  Except as provided by Subsection (b), if a director fails to qualify for office, the remaining directors shall appoint a person to fill the vacancy until the next election of directors for the district.  If the vacant position is not regularly scheduled to be filled at that election, the person elected at that election to fill the vacancy serves only for the unexpired term.

(b)  If at any time there are fewer than three qualified directors, the Texas Commission on Environmental Quality shall appoint, on petition of a landowner in the district, the necessary number of directors to fill all vacancies on the board.  Persons appointed under this subsection serve the same terms as provided for persons appointed under Subsection (a).  (Acts 69th Leg., R.S., Ch. 756, Sec. 8(d).)

Source Law

(d)  If a director fails to qualify for office, the remaining directors shall appoint a person to fill the vacancy until the next election of directors for the district. If the vacant position is not regularly scheduled to be filled at that election, the person elected at that election to fill the vacancy shall serve only for the unexpired term. If at any time the number of qualified directors is less than three because of the failure, refusal, or inability of one or more directors to qualify or serve because of death or incapacitation, or for any other reason, the Texas Water Commission, on petition of any landowner in the district, shall appoint the necessary number of directors to fill all vacancies on the board for the same terms as provided for persons filling vacancies by appointment of the board.

Revisor's Note

(1)  Section 8(d), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to a vacancy in the office of director "because of the failure, refusal, or inability of one or more directors to qualify or serve because of death or incapacitation, or for any other reason."  The revised law omits the quoted language because it describes every manner in which a vacancy may occur without limiting in any way the duty to fill a vacancy.

(2)  Section 8(d), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to the "Texas Water Commission."  The revised law substitutes "Texas Commission on Environmental Quality" for "Texas Water Commission" to reflect the current name of the agency with the relevant regulatory authority.

Revisor's Note

(End of Subchapter)

(1)  Section 8(b), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, provides the qualifications for a director.  The revised law omits the provision because it duplicates, in substance, Section 54.102, Water Code, which applies to the district under Section 54.001, Water Code. The revised law omits the requirement that a director must not be "otherwise disqualified by law" because other laws regarding disqualification apply by their own terms.  The omitted law reads:

(b)  A director must be at least 18 years of age, a resident of this state, and either own taxable land in the district or be a qualified voter in the district, and not otherwise disqualified by law.

(2)  Section 8(c), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, requires a person to qualify to serve as director by "taking the oath and executing a bond."  The revised law omits the provision requiring a bond because the provision duplicates in substance Section 49.055, Water Code.  The revised law omits the provision requiring an oath because the provision duplicates the requirement of an oath in Section 1, Article XVI, Texas Constitution.  The omitted law reads:

(c)  Each person shall qualify to serve as director by taking the oath and executing a bond.

(3)  Section 11, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to the temporary board of directors and their terms of office.  The revised law omits the section as executed.  The omitted law reads:

Sec. 11.  (a)  Immediately after this Act takes effect, any landowner in the district may petition the Texas Water Commission to appoint five persons qualified under Section 8(b) of this Act to serve as temporary directors of the district.

(b)  The temporary directors serve:

(1)  until permanent directors are elected at the confirmation and director election as required under Section 1(a) of this Act and qualify; or

(2)  if permanent directors are not elected, four-year terms.

(c)  If the temporary directors' terms expire in accordance with Subsection (b)(2) of this section, the Texas Water Commission on petition of a landowner in the district shall appoint temporary directors to fill those vacancies and to serve as provided by Subsection (b).

[Sections 8292.053-8292.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8292.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, and functions provided by general law applicable to a municipal utility district created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code.  (Acts 69th Leg., R.S., Ch. 756, Sec. 6(a) (part); New.)

Source Law

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

Revisor's Note

(1)  Section 6(a), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, 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 "rights, powers, [and] privileges."

(2)  Section 6(a), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to Chapter 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 many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code.

(3)  Sections 6(a) and (b), Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, provide that the act prevails over general law in case of an inconsistency and that all general laws not inconsistent with the act are adopted and incorporated by reference.  The revised law omits the provision relating to the act prevailing over general law because it duplicates in substance Section 311.026(b), Government Code (Code Construction Act).  The revised law omits the provision relating to adoption and incorporation of general laws because it is unnecessary to repeat authority available under applicable laws by "adopt[ing] and incorporat[ing] by reference."  The omitted law reads:

(a)  … If any provision of the general law is inconsistent with this Act, this Act prevails.

(b)  Any general law not inconsistent with this Act is adopted and incorporated by reference.

Revised Law

Sec. 8292.102.  WATER CONSERVATION PROGRAM.  (a)  In this section, "program of water conservation" means the practices, techniques, and technologies that will reduce water consumption, reduce water loss or waste, improve efficiency in water use, or increase water recycling and reuse so that a water supply is available for future or alternative uses.

(b)  The district shall adopt and implement a program of water conservation consistent with rules and criteria adopted and enforceable by the Texas Commission on Environmental Quality for similarly situated districts in the region.  (Acts 69th Leg., R.S., Ch. 756, Sec. 7.)

Source Law

Sec. 7.  The district shall adopt and implement a program of water conservation consistent with rules and criteria duly adopted and enforceable by the Texas Department of Water Resources for similarly situated districts in the region.  A program of water conservation means the practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.

Revisor's Note

(1)  Section 7, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to "duly" adopted rules and criteria.  The revised law omits "duly" as unnecessary in this context because the word does not add to the clear meaning of the law.

(2)  Section 7, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, refers to the "Texas Department of Water Resources."  The revised law substitutes "Texas Commission on Environmental Quality" for "Texas Department of Water Resources" to reflect the current name of the agency with the relevant regulatory authority.

Revisor's Note

(End of Chapter)

Section 9, Chapter 756, Acts of the 69th Legislature, Regular Session, 1985, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws of this state and rules, including proper legal notice and consent by other governmental entities to the creation of the district.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 9.  The legislature finds that:

(1)  all applicable requirements of Subsections (d) and (e) of Article XVI, Section 59, of the Texas Constitution have been accomplished;

(2)  notice and a copy of this Act have been furnished to all persons and officials required to be notified; and

(3)  the general law relating to consent by political subdivisions to the creation of conservation and reclamation districts has been complied with, and 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 have been fulfilled and accomplished.