| 88R13043 ANG-F | ||
| By: King of Uvalde | H.B. No. 5317 | |
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| relating to the creation of the Atascosa County Municipal Utility | ||
| District No. 2; 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 7957A to read as follows: | ||
| CHAPTER 7957A. ATASCOSA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7957A.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 Atascosa County Municipal | ||
| Utility District No. 2. | ||
| Sec. 7957A.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7957A.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. 7957A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 7957A.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. 7957A.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. 7957A.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. 7957A.0201. GOVERNING BODY; TERMS. (a) The district | ||
| is governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7957A.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 7957A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Bruce Bartlett; | ||
| (2) G. Bailey Woods, Jr.; | ||
| (3) Sloan Thomas; | ||
| (4) Andrew B. Price; and | ||
| (5) Foard Houston. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7957A.0103; or | ||
| (2) the fourth anniversary of the effective date of | ||
| the Act enacting this chapter. | ||
| &#Statutes affected: Introduced: () House Committee Report: () | ||