87(R) SB 1355 - Enrolled version - Bill Text

	S.B.  No.  1355

	AN ACT
	relating to the creation of the Brazoria County Municipal Utility
	District No. 83; granting a limited power of eminent domain;
	providing authority to issue bonds; providing authority to impose
	assessments, fees, and taxes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subtitle F, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 7922A to read as follows:
	CHAPTER 7922A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 83
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec.  7922A.0101.    DEFINITIONS. In this chapter:
	(1)    "Board" means the district's board of directors.
	(2)    "Commission" means the Texas Commission on
	Environmental Quality.
	(3)    "Director" means a board member.
	(4)    "District" means the Brazoria County Municipal
	Utility District No. 83.
	Sec.  7922A.0102.    NATURE OF DISTRICT. The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec.  7922A.0103.    CONFIRMATION AND DIRECTOR ELECTION
	REQUIRED. The temporary directors shall hold an election to
	confirm the creation of the district and to elect five permanent
	directors as provided by Section 49.102, Water Code.
	Sec.  7922A.0104.    CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section
	7922A.0103 until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has
	consented by ordinance or resolution to the creation of the
	district and to the inclusion of land in the district.
	Sec.  7922A.0105.    FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
	(a) The district is created to serve a public purpose and benefit.
	(b)    The district is created to accomplish the purposes of:
	(1)    a municipal utility district as provided by
	general law and Section 59, Article XVI, Texas Constitution; and
	(2)    Section 52, Article III, Texas Constitution, that
	relate to the construction, acquisition, improvement, operation,
	or maintenance of macadamized, graveled, or paved roads, or
	improvements, including storm drainage, in aid of those roads.
	Sec.  7922A.0106.    INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act enacting this chapter.
	(b)    The boundaries and field notes contained in Section 2 of
	the Act enacting this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1)    organization, existence, or validity;
	(2)    right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3)    right to impose a tax; or
	(4)    legality or operation.
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec.  7922A.0201.    GOVERNING BODY; TERMS. (a) The district
	is governed by a board of five elected directors.
	(b)    Except as provided by Section 7922A.0202, directors
	serve staggered four-year terms.
	Sec.  7922A.0202.    TEMPORARY DIRECTORS. (a) The temporary
	board consists of:
	(1)    Todd Casper;
	(2)    Johnnie Wright;
	(3)    Jeff Perry;
	(4)    Matthew Brown; and
	(5)    Shelley Stone.
	(b)    Temporary directors serve until the earlier of:
	(1)    the date permanent directors are elected under
	Section 7922A.0103; or
	(2)    the fourth anniversary of the effective date of
	the Act enacting this chapter.
	(c)    If permanent directors have not been elected under
	Section 7922A.0103 and the terms of the temporary directors have
	expired, successor temporary directors shall be appointed or
	reappointed as provided by Subsection (d) to serve terms that