SPECIAL DISTRICTS CODE
SUBTITLE B. FRESH WATER SUPPLY DISTRICTS
CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
§ 6901.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bayview Municipal Utility
District of Galveston County, Texas.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.002. NATURE OF DISTRICT. The Bayview Municipal
Utility District of Galveston County is:
(1) a conservation and reclamation district
established under Section 59, Article XVI, Texas Constitution; and
(2) a fresh water supply district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.003. DECLARATION AND FINDINGS. (a) The
legislature declares that the district is:
(1) essential to the accomplishment of the purposes of
Section 59, Article XVI, Texas Constitution; and
(2) a municipal corporation.
(b) The legislature finds that:
(1) the district is created to serve a public use and
benefit; and
(2) all land and other property included in the
district are, and will be, benefited by the creation of the district
and the improvements that the district purchases, constructs, or
otherwise acquires.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.004. TERRITORY OF DISTRICT. The district is
composed of the territory described by Section 1, Chapter 245, Acts
of the 58th Legislature, Regular Session, 1963 (V.A.C.S. Art.
8280-287), as that territory may have been modified under:
(1) Section 6901.058 or its predecessor statute,
Section 5, Chapter 245, Acts of the 58th Legislature, Regular
Session, 1963 (V.A.C.S. Art. 8280-287);
(2) Chapter 4, Title 128, Revised Statutes, before
August 30, 1971;
(3) Subchapter G, Chapter 53, Water Code, before
September 1, 1995;
(4) Subchapter J, Chapter 49, Water Code; or
(5) other law.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. POWERS AND DUTIES
§ 6901.051. GENERAL POWERS AND DUTIES. The district has
all the rights, powers, privileges, and duties conferred and
imposed by a general law of this state on a fresh water supply
district created under Section 59, Article XVI, Texas Constitution,
including Chapters 49 and 53, Water Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.052. RELATION TO OTHER LAW. This chapter
prevails over a provision of a general law described by Section
6901.051 that conflicts with or is inconsistent with this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.053. BOARD OF DIRECTORS. The board consists of
five directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.054. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
boundaries of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.055. LIMITATION ON LENGTH OF CERTAIN
CONTRACTS. A district contract for the purchase or sale of water
may not exceed 40 years.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.056. INSTALLMENT OF STREET LIGHTS. (a) After
voter approval, the district may:
(1) install, operate, and maintain street lighting
within a public utility easement or public right-of-way inside the
district's boundaries; and
(2) assess the cost of installing, operating, and
maintaining the street lighting as an additional charge in the
monthly billings of the district's customers.
(b) This section does not authorize the district to install,
operate, or maintain street lighting on a right-of-way that is part
of the designated state highway system.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.057. DISTRICT TAX ASSESSOR AND
COLLECTOR. (a) The board shall appoint a tax assessor and
collector for the district for a period not to exceed the term of
office of the directors making the appointment.
(b) The district's tax assessor and collector is not
required to be a resident or voter of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.058. ADDITION OF TERRITORY TO DISTRICT. (a) In
addition to the method of adding territory to a district provided by
Subchapter J, Chapter 49, Water Code, the district may add
territory as provided by this section.
(b) The owner or owners of land may request by petition that
the board include the land in the district.
(c) A petition under Subsection (b) must be filed with the
board and describe the land to be added to the district. The
description may be by metes and bounds or by lot and block number.
The petition must be signed and executed in the manner provided by
law for the conveyance of real estate.
(d) The board shall hear and consider a petition filed under
this section. The board may add the land to the district if the
board considers the addition to be to the advantage of the district.
(e) A petition granted under this section shall be filed and
recorded in the deed records of Galveston County.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.059. ACQUISITION OF IMPROVEMENTS. The district
may make, construct, or otherwise acquire improvements inside or
outside the district that are necessary or convenient to execute a
power granted to the district under this chapter or a general law
described in Section 6901.051.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 6901.060. COST OF RELOCATING PROPERTY. (a) In this
section " sole expense" means the actual cost of the relocating,
raising, lowering, rerouting, changing the grade of, or altering
the construction of a facility described in Subsection (b) in
providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district, in the exercise of the power of eminent
domain or relocation or another power granted under this chapter,
makes necessary the relocating, raising, rerouting, changing the
grade of, or altering the construction of a highway, a railroad, an
electric transmission line, telephone or telegraph properties and
facilities, or a pipeline, the necessary relocating, raising,
rerouting, changing of grade, or alteration of construction shall
be accomplished at the sole expense of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
