State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-6-water-and-wastewater > Chapter-8132-williamson-county-municipal-utility-district-no-21
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
For contingent expiration of this chapter, see Sec. 8132.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8132.001. 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 Williamson County Municipal Utility
District No. 21.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.002. NATURE OF DISTRICT. The district is a municipal
utility district in Williamson County created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8132.023 before September 1, 2013:
(1) the district is dissolved September 1, 2013, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Williamson County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 1, eff. June 19, 2009.
Sec. 8132.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating 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:
(1) the organization, existence, or validity of the district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapters 30, 49,
and 54, Water Code, apply to the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8132.025
Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Tommy Cain;
(2) David Crist;
(3) Jeff Henley;
(4) Stanton Meeks; and
(5) Stephen Stilp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) September 1, 2009.
(e) If initial directors have not been elected under Section
8132.023 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (f) to serve terms that expire on the
earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(f) If Subsection (e) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 2, eff. June 19, 2009.
Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location in the district agreeable to a
majority of the directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8132.023 shall draw lots to determine which
two shall serve terms expiring June 1 following the first
regularly scheduled election of directors under Section 8132.052
and which three shall serve until June 1 following the second
regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8132.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms that expire June 1
of even-numbered years.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8132.101. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.
The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
facility.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.102. WASTEWATER SERVICE PROVIDERS. Only the Brazos
River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT. The
district shall comply with the terms and conditions of the
"Agreement Regarding Sewer Service Areas and Customers by and
between Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Liberty Hill and Chisholm Trail
Special Utility District" dated February 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT
Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district may
be divided into two districts in accordance with this subchapter
after the creation of the district has been confirmed at an
election under Section 8132.023 if:
(1) the district does not have any outstanding debt secured by
district taxes or revenue;
(2) the district has not annexed land or been divided; and
(3) each new district created by the division contains at least
100 acres.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.152. DIVISION PROCEDURES. (a) The board may consider
a proposal to divide the district on its own motion or on receipt
of a petition to that effect from a district landowner.
(b) The board may adopt a resolution to divide the district into
two districts named Williamson County Municipal Utility District
No. 21-A and Williamson County Municipal Utility District No.
21-B. The resolution must include:
(1) the names of and a metes and bounds description of the
territory of the two new districts; and
(2) the terms and conditions of the division, including a plan
that:
(A) ensures current obligations of the district are not impaired
by providing for the payment or performance of any outstanding
district obligations; and
(B) provides for the assumption of any district obligations
under an agreement with or resolution adopted by a municipality
having jurisdiction over the creation of the district consenting
to the creation of the district, to the extent that the agreement
or resolution:
(i) is applicable;
(ii) is not contrary to any other law or provision of this
chapter; and
(iii) does not impose obligations that limit the district's
powers and authority to issue bonds for any purpose authorized
under this chapter.
(c) Not later than the 30th day after the date the board adopts
a resolution dividing the district, the board shall provide a
copy of the resolution and the names of the temporary directors
of the new districts to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the Commissioners Court of Williamson County; and
(4) any municipality having extraterritorial jurisdiction over
land in the original district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new districts
are separate districts and shall be governed as separate
districts.
(b) Until the 91st day after the date the board adopts a
resolution dividing the district, the board shall continue to act
on behalf of the district to wind up the affairs of the district.
(c) The district directors shall act as temporary directors of
one of the new districts and shall appoint five individuals to
serve as temporary directors of the other new district. A
temporary director is not required to own land in either of the
new districts. A temporary director shall qualify for and assume
office not later than the 90th day after the date the board
adopts a resolution dividing the district.
(d) Temporary directors of a new district serve until the new
district elects initial permanent directors. The election of
directors for each new district shall be held on the next uniform
election date in May of an even-numbered year after the date the
temporary directors take office that allows sufficient time to
comply with the requirements of other law.
(e) The initial permanent directors elected at an election held
under Subsection (d) serve staggered terms determined in the
manner provided for directors of the original district under
Section 8132.024.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a) Except
as provided by Subsection (b), each new district created under
this subchapter has the powers and duties of the original
district under this chapter, including the powers and duties
under general law applicable to municipal utility districts that
relate to the imposition of a tax or the issuance of bonds.
(b) A new district does not have the power to divide into new
districts.
(c) A new district shall pay its proportionate share of any
obligations of the original district in accordance with the
resolution dividing the district. The new districts may pay
debts of the original district from district contributions or
from the proceeds resulting from the imposition of a tax,
assessments on the land in the district, or district revenue.
(d) A new district may contract with the other new district for
the provision of water or wastewater or regarding any other
matter the boards of directors of the districts consider
appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-6-water-and-wastewater > Chapter-8132-williamson-county-municipal-utility-district-no-21
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
For contingent expiration of this chapter, see Sec. 8132.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8132.001. 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 Williamson County Municipal Utility
District No. 21.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.002. NATURE OF DISTRICT. The district is a municipal
utility district in Williamson County created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8132.023 before September 1, 2013:
(1) the district is dissolved September 1, 2013, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Williamson County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 1, eff. June 19, 2009.
Sec. 8132.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating 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:
(1) the organization, existence, or validity of the district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapters 30, 49,
and 54, Water Code, apply to the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8132.025
Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Tommy Cain;
(2) David Crist;
(3) Jeff Henley;
(4) Stanton Meeks; and
(5) Stephen Stilp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) September 1, 2009.
(e) If initial directors have not been elected under Section
8132.023 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (f) to serve terms that expire on the
earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(f) If Subsection (e) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 2, eff. June 19, 2009.
Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location in the district agreeable to a
majority of the directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8132.023 shall draw lots to determine which
two shall serve terms expiring June 1 following the first
regularly scheduled election of directors under Section 8132.052
and which three shall serve until June 1 following the second
regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8132.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms that expire June 1
of even-numbered years.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8132.101. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.
The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
facility.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.102. WASTEWATER SERVICE PROVIDERS. Only the Brazos
River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT. The
district shall comply with the terms and conditions of the
"Agreement Regarding Sewer Service Areas and Customers by and
between Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Liberty Hill and Chisholm Trail
Special Utility District" dated February 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT
Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district may
be divided into two districts in accordance with this subchapter
after the creation of the district has been confirmed at an
election under Section 8132.023 if:
(1) the district does not have any outstanding debt secured by
district taxes or revenue;
(2) the district has not annexed land or been divided; and
(3) each new district created by the division contains at least
100 acres.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.152. DIVISION PROCEDURES. (a) The board may consider
a proposal to divide the district on its own motion or on receipt
of a petition to that effect from a district landowner.
(b) The board may adopt a resolution to divide the district into
two districts named Williamson County Municipal Utility District
No. 21-A and Williamson County Municipal Utility District No.
21-B. The resolution must include:
(1) the names of and a metes and bounds description of the
territory of the two new districts; and
(2) the terms and conditions of the division, including a plan
that:
(A) ensures current obligations of the district are not impaired
by providing for the payment or performance of any outstanding
district obligations; and
(B) provides for the assumption of any district obligations
under an agreement with or resolution adopted by a municipality
having jurisdiction over the creation of the district consenting
to the creation of the district, to the extent that the agreement
or resolution:
(i) is applicable;
(ii) is not contrary to any other law or provision of this
chapter; and
(iii) does not impose obligations that limit the district's
powers and authority to issue bonds for any purpose authorized
under this chapter.
(c) Not later than the 30th day after the date the board adopts
a resolution dividing the district, the board shall provide a
copy of the resolution and the names of the temporary directors
of the new districts to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the Commissioners Court of Williamson County; and
(4) any municipality having extraterritorial jurisdiction over
land in the original district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new districts
are separate districts and shall be governed as separate
districts.
(b) Until the 91st day after the date the board adopts a
resolution dividing the district, the board shall continue to act
on behalf of the district to wind up the affairs of the district.
(c) The district directors shall act as temporary directors of
one of the new districts and shall appoint five individuals to
serve as temporary directors of the other new district. A
temporary director is not required to own land in either of the
new districts. A temporary director shall qualify for and assume
office not later than the 90th day after the date the board
adopts a resolution dividing the district.
(d) Temporary directors of a new district serve until the new
district elects initial permanent directors. The election of
directors for each new district shall be held on the next uniform
election date in May of an even-numbered year after the date the
temporary directors take office that allows sufficient time to
comply with the requirements of other law.
(e) The initial permanent directors elected at an election held
under Subsection (d) serve staggered terms determined in the
manner provided for directors of the original district under
Section 8132.024.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a) Except
as provided by Subsection (b), each new district created under
this subchapter has the powers and duties of the original
district under this chapter, including the powers and duties
under general law applicable to municipal utility districts that
relate to the imposition of a tax or the issuance of bonds.
(b) A new district does not have the power to divide into new
districts.
(c) A new district shall pay its proportionate share of any
obligations of the original district in accordance with the
resolution dividing the district. The new districts may pay
debts of the original district from district contributions or
from the proceeds resulting from the imposition of a tax,
assessments on the land in the district, or district revenue.
(d) A new district may contract with the other new district for
the provision of water or wastewater or regarding any other
matter the boards of directors of the districts consider
appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
State Codes and Statutes
Statutes >
Texas >
Special-district-local-laws-code >
Title-6-water-and-wastewater >
Chapter-8132-williamson-county-municipal-utility-district-no-21 SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
For contingent expiration of this chapter, see Sec. 8132.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8132.001. 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 Williamson County Municipal Utility
District No. 21.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.002. NATURE OF DISTRICT. The district is a municipal
utility district in Williamson County created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8132.023 before September 1, 2013:
(1) the district is dissolved September 1, 2013, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Williamson County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 1, eff. June 19, 2009.
Sec. 8132.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating 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:
(1) the organization, existence, or validity of the district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapters 30, 49,
and 54, Water Code, apply to the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8132.025
Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Tommy Cain;
(2) David Crist;
(3) Jeff Henley;
(4) Stanton Meeks; and
(5) Stephen Stilp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) September 1, 2009.
(e) If initial directors have not been elected under Section
8132.023 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (f) to serve terms that expire on the
earlier of:
(1) the date initial directors are elected under Section
8132.023; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(f) If Subsection (e) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 2, eff. June 19, 2009.
Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location in the district agreeable to a
majority of the directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8132.023 shall draw lots to determine which
two shall serve terms expiring June 1 following the first
regularly scheduled election of directors under Section 8132.052
and which three shall serve until June 1 following the second
regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2016.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8132.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms that expire June 1
of even-numbered years.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8132.101. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.
The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
facility.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.102. WASTEWATER SERVICE PROVIDERS. Only the Brazos
River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
Sec. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT. The
district shall comply with the terms and conditions of the
"Agreement Regarding Sewer Service Areas and Customers by and
between Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Liberty Hill and Chisholm Trail
Special Utility District" dated February 1, 2005.
Added by Acts 2005, 79th Leg., Ch.
1333, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT
Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district may
be divided into two districts in accordance with this subchapter
after the creation of the district has been confirmed at an
election under Section 8132.023 if:
(1) the district does not have any outstanding debt secured by
district taxes or revenue;
(2) the district has not annexed land or been divided; and
(3) each new district created by the division contains at least
100 acres.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.152. DIVISION PROCEDURES. (a) The board may consider
a proposal to divide the district on its own motion or on receipt
of a petition to that effect from a district landowner.
(b) The board may adopt a resolution to divide the district into
two districts named Williamson County Municipal Utility District
No. 21-A and Williamson County Municipal Utility District No.
21-B. The resolution must include:
(1) the names of and a metes and bounds description of the
territory of the two new districts; and
(2) the terms and conditions of the division, including a plan
that:
(A) ensures current obligations of the district are not impaired
by providing for the payment or performance of any outstanding
district obligations; and
(B) provides for the assumption of any district obligations
under an agreement with or resolution adopted by a municipality
having jurisdiction over the creation of the district consenting
to the creation of the district, to the extent that the agreement
or resolution:
(i) is applicable;
(ii) is not contrary to any other law or provision of this
chapter; and
(iii) does not impose obligations that limit the district's
powers and authority to issue bonds for any purpose authorized
under this chapter.
(c) Not later than the 30th day after the date the board adopts
a resolution dividing the district, the board shall provide a
copy of the resolution and the names of the temporary directors
of the new districts to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the Commissioners Court of Williamson County; and
(4) any municipality having extraterritorial jurisdiction over
land in the original district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new districts
are separate districts and shall be governed as separate
districts.
(b) Until the 91st day after the date the board adopts a
resolution dividing the district, the board shall continue to act
on behalf of the district to wind up the affairs of the district.
(c) The district directors shall act as temporary directors of
one of the new districts and shall appoint five individuals to
serve as temporary directors of the other new district. A
temporary director is not required to own land in either of the
new districts. A temporary director shall qualify for and assume
office not later than the 90th day after the date the board
adopts a resolution dividing the district.
(d) Temporary directors of a new district serve until the new
district elects initial permanent directors. The election of
directors for each new district shall be held on the next uniform
election date in May of an even-numbered year after the date the
temporary directors take office that allows sufficient time to
comply with the requirements of other law.
(e) The initial permanent directors elected at an election held
under Subsection (d) serve staggered terms determined in the
manner provided for directors of the original district under
Section 8132.024.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a) Except
as provided by Subsection (b), each new district created under
this subchapter has the powers and duties of the original
district under this chapter, including the powers and duties
under general law applicable to municipal utility districts that
relate to the imposition of a tax or the issuance of bonds.
(b) A new district does not have the power to divide into new
districts.
(c) A new district shall pay its proportionate share of any
obligations of the original district in accordance with the
resolution dividing the district. The new districts may pay
debts of the original district from district contributions or
from the proceeds resulting from the imposition of a tax,
assessments on the land in the district, or district revenue.
(d) A new district may contract with the other new district for
the provision of water or wastewater or regarding any other
matter the boards of directors of the districts consider
appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch.
1075, Sec. 4, eff. June 19, 2009.
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