SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8161. ENCANTO REAL UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8161.001.  DEFINITION.  In this chapter, "district" means the Encanto Real Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

Sec. 8161.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

Sec. 8161.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the boundaries of the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
(c)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

Sec. 8161.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 700, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8280-584, Vernon's Texas Civil Statutes), as that territory may have been modified under:
(1)  Subchapter H, Chapter 54, Water Code;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  other law.
(b)  The boundaries and field notes of the district form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect:
(1)  the district's organization, existence, and validity;
(2)  the district's right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)  the district's right to impose a tax; or
(4)  the legality or operation of the district or its governing body.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8161.051.  COMPOSITION OF BOARD.  The board of directors is composed of five elected directors.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8161.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, and functions provided by general law applicable to a municipal utility district, including Chapters 49 and 54, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.10, eff. April 1, 2009.

Sec. 8161.102.  EMINENT DOMAIN.  (a) The district may exercise the power of eminent domain as provided by this section only if the district submits a letter to the comptroller not later than December 31, 2015, in accordance with the requirements of Section 2206.101(b), Government Code, other than the requirement that the letter be submitted by the date specified by that section. 
(b)  Notwithstanding the expiration of the district's authority to exercise the power of eminent domain under Section 2206.101(c), Government Code,  the district may exercise the power of eminent domain as  provided by law applicable to the district on or after the 90th day after the date the district submits a letter in accordance with Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 984 (H.B. 4175), Sec. 11, eff. September 1, 2015.