SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS


CHAPTER 9010. BACLIFF MUNICIPAL UTILITY DISTRICT


OF GALVESTON COUNTY, TEXAS


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 9010.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Bacliff Municipal Utility District of Galveston County, Texas.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.001 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.002. NATURE OF DISTRICT. The Bacliff Municipal Utility District of Galveston County, Texas, is:

(1) a conservation and reclamation district under Section 59, Article XVI, Texas Constitution; and

(2) a water control and improvement district.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.002 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.003. LEGISLATIVE DECLARATION AND FINDINGS. (a) The legislature declares that the district is:

(1) essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and

(2) a municipal corporation.

(b) 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 district are benefited by the creation of the district and by the improvements that the district purchases, constructs, or otherwise acquires.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.003 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.004. DISTRICT TERRITORY. The district is composed of the territory described by Section 1, Chapter 244, Acts of the 58th Legislature, Regular Session, 1963 (Article 8280-286, Vernon's Texas Civil Statutes), as that territory may have been modified under:

(1) Chapter 3A, Title 128, Revised Statutes, before August 30, 1971;

(2) Subchapter O, Chapter 51, Water Code;

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

(4) other law.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.004 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES


Sec. 9010.051. GENERAL POWERS AND DUTIES. The district has all the rights, powers, privileges, and duties conferred and imposed by a general law of this state on a water control and improvement district created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 51, Water Code.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.051 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.052. TAX METHOD. (a) The board shall use the ad valorem plan of taxation.

(b) The board is not required to hold a hearing on the adoption of a plan of taxation.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.052 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.053. LIMITATION ON EMINENT DOMAIN AUTHORITY. The district may not exercise the power of eminent domain outside the district.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.053 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.054. DURATION OF CONTRACT FOR WATER PURCHASE OR SALE. A district contract for the purchase or sale of water may not exceed 40 years.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.054 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.

Sec. 9010.055. INSTALLATION OF STREET LIGHTS. (a) On approval by a majority of the voters of the district voting at an election held for that purpose, the district may:

(1) install, operate, and maintain street lighting in a public utility easement or public right-of-way inside the district; and

(2) assess the cost of the installation, operation, and maintenance of the street lighting as an additional charge in the monthly billings of the district's customers.

(b) The district may not use money from taxes or bonds supported by taxes for a purpose described by this section.

(c) This section does not authorize the district to install, operate, or maintain street lighting on a right-of-way that is part of the designated state highway system.

Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

Renumbered from Special District Local Laws Code, Section 9004.055 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(65), eff. September 1, 2007.