Title SD, Special District Local Laws Code

Sec. 8104.154. CONTRACT WITH CITY OF BAYTOWN FOR ADMINISTRATIVE FUNCTIONS. (a) In this section, "administrative functions" has the meaning assigned by Section 791.003, Government Code. (b) The authority shall offer to enter into an interlocal contract under Chapter 791, Governmen…

Sec. 8104.201. WATER SUPPLY AND DISTRIBUTION. The authority may: (1) acquire surface water or groundwater supplies from sources in or outside of the authority; and (2) conserve, store, transport, treat, purify, distribute, sell, and deliver surface water or groundwater to a publi…

Sec. 8104.202. FACILITIES FOR WATER TRANSPORTATION AND DISTRIBUTION. (a) The authority may construct, maintain, and operate a canal, lateral, ditch, levee, pipeline, or other facility to transport and distribute water, together with a service road or other facility incidental to …

Sec. 8104.203. WASTE SERVICES. The authority may collect and transport the domestic, industrial, or communal waste of an entity described by Section 8104.201(2), for the purposes provided by Chapter 30, Water Code, or for other purposes. Added by Acts 2005, 79th Leg., Ch. 729 (H.…

Sec. 8104.204. CONTRACTS. (a) The authority may: (1) contract with a public or private corporation, a political subdivision of this state, including the City of Baytown, or any other person, on terms the board considers desirable, fair, and advantageous, for the performance of th…

Sec. 8104.205. CONSENT REQUIRED FOR WASTE TREATMENT AND DISPOSAL FACILITIES. Before acquiring or constructing a waste treatment or disposal facility, the authority must obtain the consent of the: (1) Gulf Coast Authority; or (2) Texas Commission on Environmental Quality, if the c…

Sec. 8104.206. ACQUISITION OF WATER RIGHTS NOT PREVENTED. This chapter does not prevent the authority from acquiring water rights under any law or permit if the acquisition is approved by order or later permit from the Texas Commission on Environmental Quality. Added by Acts 2005…

Sec. 8104.207. ELECTION NOT REQUIRED TO APPROVE CONTRACTS. The authority is not required to hold an election to approve a contract with a political subdivision for services described by this chapter. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 200…

Sec. 8104.208. COST OF RELOCATING PROPERTY. (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b) in providing comparable replacement wit…

Sec. 8104.251. FISCAL YEAR. The authority's fiscal year is from October 1 to September 30, unless the board changes the fiscal year. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8104.252. AUTHORITY DEPOSITORY. (a) With the prior approval of the Baytown City Council, the board shall select one or more banks in this state to act as depository for the authority's money. (b) To the extent that money in a depository bank is not insured by the Federal Dep…

Sec. 8104.253. INVESTMENT AUTHORITY. The authority may invest: (1) money held in any sinking fund, reserve fund, or other fund; or (2) money not required for immediate use or disbursement in the securities as provided by this chapter. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. …

Sec. 8104.254. RENTS, RATES, FEES, AND CHARGES. (a) The authority may: (1) set, charge, alter, and collect a reasonable rent, rate, fee, or other charge for the use of a facility or for a service rendered by the authority; and (2) provide for the imposition of a reasonable penalt…

Sec. 8104.255. GRANTS AND ASSISTANCE. The authority may: (1) apply for, accept, and administer a grant, loan, or other assistance from the United States, this state, or another state to carry out the purpose of this chapter; and (2) enter into an agreement as provided by the auth…

Sec. 8104.256. PROPERTY TAX PROHIBITION. The authority may not: (1) impose a tax on real, personal, or mixed property; or (2) issue a bond or create debt payable directly from ad valorem taxes imposed by the authority. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06…

Sec. 8104.301. BORROWING THROUGH BONDS OR NOTES. (a) After the action is approved by the Baytown City Council, the authority may borrow money to carry out any power granted to the authority by: (1) issuing and selling revenue bonds or negotiable or nonnegotiable notes payable fro…

Sec. 8104.302. REFUNDING BONDS. (a) After the action is approved by the Baytown City Council, the board by resolution may authorize the issuance of refunding bonds or notes to refund outstanding bonds or notes issued under this chapter and their accrued interest. (b) The authorit…

Sec. 8104.303. FORM OF BONDS; LIABILITY. (a) Bonds or notes, including a coupon attached to a bond or note, issued under this chapter shall: (1) be signed by the board's president or vice president; and (2) be attested by the board's secretary. (b) A director, a board officer, or…

Sec. 8104.304. MATURITY. Bonds or notes issued under this chapter must mature within 40 years. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8104.305. RESOLUTION AND TRUST INDENTURE PROVISIONS. (a) A board resolution authorizing bonds or notes or a trust indenture securing bonds or notes may contain provisions that: (1) to secure the payment of the bonds or notes, pledge all or a designated part of the authority'…

Sec. 8104.306. SECURITY FOR BONDS OR NOTES. (a) Bonds or notes of the authority and the interest on the bonds or notes may be secured by and payable only from the sources authorized by this chapter. (b) The bonds or notes may be secured by and payable from a pledge of all or part…

Sec. 8104.307. TRUST INDENTURE. (a) Bonds or notes, including refunding bonds, authorized by this chapter may be additionally secured by a trust indenture under which the trustee may be a bank that has trust powers. The bank may be located in or outside of this state. (b) Regardl…

Sec. 8104.308. ADDITIONAL SECURITY. At the discretion of the authority and the Baytown City Council, bonds or notes issued under this chapter may be secured additionally by a mortgage or a deed of trust lien or security interest on facilities or assets of the authority and all re…

Sec. 8104.309. REVIEW AND APPROVAL OF CONTRACTS RELATING TO BONDS OR NOTES. (a) If bonds or notes issued under this chapter state that the bonds or notes are secured by a pledge of the revenues and receipts of a lease or other contract made between the authority and a person, a c…

Sec. 8104.310. BONDS AND NOTES EXEMPT FROM TAXATION. A bond or note issued under this chapter, the interest on the bond or note, and the profit from the sale of the bond or note are exempt from taxation by this state or a political subdivision of this state. Added by Acts 2005, 7…

Sec. 8104.311. BOND OR NOTE SALE PROCEEDS. Proceeds from the sale of bonds or notes issued by the authority shall be: (1) deposited in a depository bank; and (2) paid out under the terms to which the authority and the purchasers agree. Added by Acts 2005, 79th Leg., Ch. 729 (H.B.…

Sec. 8104.312. INVESTMENT OF FUNDS AND USE OF PROCEEDS. (a) The authority may direct the investment of money in the funds created by the resolution authorizing bonds or notes or by a trust indenture or other instrument securing bonds or notes issued under this chapter. (b) The au…

Sec. 8104.313. APPOINTMENT OF RECEIVER. (a) The resolution authorizing the issuance of the bonds or notes, or the trust indenture or other instrument securing the bonds or notes, may provide that, on petition of the holders of outstanding bonds or notes, a court may appoint a rec…

Sec. 8104.314. ENFORCEMENT. The following may be enforced in a court by mandamus or other appropriate proceeding: (1) payment of bonds or notes according to the term and tenor; (2) performance of agreements with the holders of bonds or notes or any person on their behalf; and (3)…

Sec. 8104.315. STATE PLEDGE REGARDING RIGHTS AND REMEDIES OF BOND OR NOTE HOLDERS. (a) The state pledges to and agrees with the holders of bonds or notes issued under this chapter that the state will not limit or alter the rights vested in the authority to fulfill the terms of ag…

Sec. 8104.316. LIMITATION ON RIGHT OF BOND OR NOTE HOLDERS. The purchasers and holders of any bonds or notes may not demand payment from revenues, receipts, or assets of the authority except those pledged to the payment of the bonds or notes. Added by Acts 2005, 79th Leg., Ch. 72…

Sec. 8105.001. DEFINITION. In this chapter, "district" means the Beach Road Municipal Utility District. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8105.002. NATURE OF DISTRICT. The district is a conservation and reclamation district in Matagorda County created under Section 59, Article XVI, Texas Constitution. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8105.003. LEGISLATIVE FINDINGS. (a) The district: (1) is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and (2) is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from the …

Sec. 8105.004. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 3, Chapter 959, Acts of the 73rd Legislature, Regular Session, 1993, as that territory may have been modified under: (1) Subchapter H, Chapter 54, Water Code, before September 1,…

Sec. 8105.051. DIRECTORS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. (c) A director must qualify to serve as director in the manner provided by Section 49.055, Water Code. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. …

Sec. 8105.052. ELECTION OF DIRECTORS. On the first Saturday in May of every even-numbered year, the district shall hold an election in the district to elect the appropriate number of directors. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007. SUB…

Sec. 8105.101. GENERAL RIGHTS, POWERS, PRIVILEGES, FUNCTIONS, AND DUTIES. (a) The district has the rights, powers, privileges, functions, and duties provided by general law, including Chapters 49, 50, and 54, Water Code, applicable to a municipal utility district created under Se…

Sec. 8106.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "District" means the Bammel Utility District. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8106.002. NATURE OF DISTRICT. The district is a municipal utility district and a conservation and reclamation district in Harris County, created under Section 59, Article XVI, Texas Constitution. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 20…

Sec. 8106.003. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The legislature finds that: (1) the district is created to serve a public use and benefit; and (2) all land and other property included in the boundaries of the district will benefit from the works and projects accomplishe…

Sec. 8106.004. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2, Chapter 357, Acts of the 61st Legislature, Regular Session, 1969 (Article 8280-438, Vernon's Texas Civil Statutes), as that territory may have been modified under: (1) Subchap…

Sec. 8106.005. CONFIRMATION ELECTION NOT REQUIRED. It is not necessary for the board to call or hold a confirmation election to confirm the district's creation. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007. SUBCHAPTER B. DISTRICT ADMINISTRATIO…

Sec. 8106.051. COMPOSITION OF BOARD. The board consists of five directors. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff. April 1, 2007.

Sec. 8106.052. DIRECTOR'S BOND. (a) Each director shall execute a bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The bond must be recorded in a record book kept for that purpose in the district office. Added by Acts 2005, 79th Leg., Ch. 72…

Sec. 8106.053. BOARD VACANCY. (a) Except as provided by Subsection (b), a vacancy in the office of director shall be filled in the manner provided by Section 49.105, Water Code. (b) The county judge of the county in which the district is located shall appoint directors to fill al…