SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8163.  TRAVIS-CREEDMOOR MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8163.001.  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 Travis-Creedmoor Municipal Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.002.  NATURE OF DISTRICT.  The district is a municipal utility district in Travis County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.003.  CONFIRMATION ELECTION REQUIRED.  The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  All land and other property included in the district will benefit from the improvements and services to be provided by the district.
(b)  The district is created to accomplish:
(1)  the purposes of a municipal utility district as provided by general law; and
(2)  to the extent authorized by Section 52, Article III, Texas Constitution, the construction, acquisition, improvement, maintenance, or operation of arterials or main feeder roads or improvements in aid of those roads.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.005.  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 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 or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8163.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Except as provided by Section 8163.053, directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.052.  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 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.053.  INITIAL DIRECTORS.  (a)  The initial board consists of:
(1)  David Donaldson;
(2)  Mike Fowler;
(3)  Jim Hemphill;
(4)  Kurt Johnson; and
(5)  Kerry Russell.
(b)  Unless the initial board otherwise agrees, the initial directors shall draw lots to determine which two directors shall serve until the first regularly scheduled election of directors and which three directors shall serve until the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8163.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.102.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.103.  ROAD PROJECTS.  (a)  To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate arterials or main feeder roads or improvements in aid of those roads.
(b)  A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of the municipality or county in whose jurisdiction the district is located.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.104.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS.  Subject to the limitations of Section 54.016, Water Code, the district shall comply with all applicable requirements of any ordinance or resolution adopted by the governing body of the municipality that consents to the creation of the district or to the inclusion of lands within the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.105.  NO ALLOCATION AGREEMENT.  Section 54.016(f), Water Code, does not apply to the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 356 (H.B. 3814), Sec. 1, eff. June 17, 2011.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8163.151.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  Except as provided by Section 8163.201(b), the district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any source other than ad valorem taxation.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an operation and maintenance tax or issue bonds payable from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.152.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 8163.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS

Sec. 8163.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
(b)  The district may not issue bonds to finance projects authorized by Section 8163.103 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose.
(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8163.103 may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.202.  TAXES FOR BONDS.  At the time bonds payable wholly or partly from ad valorem taxes are issued:
(1)  the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and
(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)  pay the interest on the bonds as the interest becomes due;
(B)  create a sinking fund for the payment of the principal of the bonds when due or the redemption price at any earlier required redemption date; and
(C)  pay the expenses of imposing the taxes.
Added by Acts 2007, 80th Leg., R.S., Ch. 159 (S.B. 1660), Sec. 1, eff. May 21, 2007.

Sec. 8163.203.  BOND PROVISIONS.  (a)  Notwithstanding any other law, district bonds may be sold at a public or private sale according to terms and procedures the board determines.
(b)  In connection with the issuance of bonds, the board may:
(1)  prescribe the maximum principal amount of bonds to be issued and the rate of interest the bonds may bear in accordance with Section 1204.006, Government Code;
(2)  recite the public purpose for which one or more series of bonds are issued;
(3)  delegate to an officer or employee of the district the authority to effect the sale of one or more series of bonds; and
(4)  determine the period, not to exceed one year after the date the district adopts the order or resolution delegating the authority under Subdivision (3), during which that authority must be exercised.
(c)  In exercising the authority delegated by the board to an officer or employee, the officer or employee may establish the terms and details related to the issuance and sale of the bonds, including:
(1)  the form and designation of the bonds;
(2)  the principal amount of the bonds and the amount of the bonds to mature in each year;
(3)  the dates, price, interest rates, interest payment dates, principal payment dates, and redemption features of the bonds; and
(4)  any other details relating to the issuance and sale of the bonds as specified by the board in the proceedings authorizing the issuance of the bonds.
(d)  A finding or determination made by an officer or employee acting under the authority delegated to the officer or employee has the same force and effect as a finding or determination made by the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 356 (H.B. 3814), Sec. 2, eff. June 17, 2011.