Tex. Water Code Section 54.0162
Option of Selection by District Composed of Noncontiguous Areas Located in the Extraterritorial Jurisdiction of Two Municipalities


(a)

A municipal utility district composed of noncontiguous areas that on January 1, 1995, are contained in the extraterritorial jurisdiction of two municipalities may choose, by a resolution of the governing body of the district, to be wholly contained in the extraterritorial jurisdiction of one municipality selected by the governing body of the district if:

(1)

both the municipality selected by the district and all parts of the district are located in the same county;

(2)

a majority of the area of the municipality not selected by the district is in a county other than the county in which the district is located, and neither county has a population greater than 3.3 million;

(3)

the boundary of the municipality selected by the district is located not more than two miles from any part of the district;

(4)

the noncontiguous areas of the district are not, at their closest point, more than two miles apart;

(5)

the district is within a water control and improvement district; and

(6)

a certified copy of the resolution of the governing body of the district is filed with both municipalities before the effective date specified in the resolution.

(b)

If a municipal utility district selects a municipality under Subsection (a), another municipal utility district that has a boundary contiguous to the district that has selected a municipality under Subsection (a) and has a boundary contiguous to the selected municipality may choose by resolution of the governing body of the municipal utility district to be contained wholly in the extraterritorial jurisdiction of the selected municipality. A copy of the resolution must be filed in the same manner as required by Subsection (a)(6).

(c)

The governing body of a municipality not selected under the provisions of Subsection (a) or (b) shall release the area of the municipal utility district from the municipality’s extraterritorial jurisdiction on the effective date of the resolution presented to the governing body of the municipality under Subsection (a) or (b). The released area becomes part of the extraterritorial jurisdiction of the selected municipality. The released area is not subject to any ordinance of the municipality not selected by the district.

(d)

This section controls over any other law relating to the creation, application, or operation of the extraterritorial jurisdiction of a municipality.

(e)

The provisions of this section also apply to a municipal utility district that:

(1)

was created before 1980;

(2)

has an area of 700 acres or less; and

(3)

is located, in part, within the extraterritorial jurisdiction of two or more municipalities and, in part, outside municipal extraterritorial jurisdiction in the unincorporated area of a county.

(f)

A municipal utility district acting under Subsection (e) shall comply with the notification and selection requirements of this section. A municipality affected by the decision of a municipal utility district acting under Subsection (e) shall comply with the requirements of Subsections (b) and (c).

(g)

A municipal utility district described by Subsection (e) shall notify the affected municipality within 30 calendar days of notice of intent to annex by that municipality.
Added by Acts 1995, 74th Leg., ch. 784, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 184, eff. September 1, 2011.

Source: Section 54.0162 — Option of Selection by District Composed of Noncontiguous Areas Located in the Extraterritorial Jurisdiction of Two Municipalities, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­54.­htm#54.­0162 (accessed Mar. 23, 2024).

54.001
Definitions
54.011
Creation of District
54.012
Purposes of a District
54.013
Composition of District
54.014
Petition
54.015
Contents of Petition
54.016
Consent of City
54.018
Notice and Hearing on District Creation
54.020
Hearing
54.021
Granting or Refusing Petition
54.022
Temporary Directors
54.023
Appeal from the Order of the Commission
54.024
Supervision by Commission
54.025
Qualification of Temporary Directors
54.030
Conversion of Certain Districts into Districts Operating Under This Chapter
54.032
Conversion of District: Notice
54.033
Conversion of District
54.034
Effect of Conversion
54.035
Reservation of Certain Powers for Converted Districts
54.036
Directors to Continue Serving
54.037
Regional Plan Implementation Agencies
54.101
Board of Directors
54.102
Qualifications for Directors
54.0161
Review of Creation by County
54.0162
Option of Selection by District Composed of Noncontiguous Areas Located in the Extraterritorial Jurisdiction of Two Municipalities
54.0163
Option of Selection of Extraterritorial Jurisdiction for Certain Districts
54.0165
Addition to District of Land in Extraterritorial Jurisdiction of Municipality
54.201
Powers
54.203
Municipal Solid Waste
54.205
Adopting Rules and Regulations
54.206
Effect of Rules
54.207
Publication of Rules
54.208
Effective Date of Rules
54.209
Limitation on Use of Eminent Domain
54.234
Acquiring Road Powers
54.235
Authority to Contract
54.236
Street or Security Lighting
54.237
Enforcement of Real Property Restrictions
54.238
Definitions
54.239
Appeal to the Commission of Decision of Board Regarding Facilities
54.240
Notice
54.241
Action on the Petition
54.242
Street Repair or Maintenance
54.243
Disposition of Impact Fees
54.501
Issuance of Bonds
54.502
Form of Bonds
54.503
Manner of Repayment of Bonds
54.504
Additional Security for Bonds
54.505
Election on Tax Bonds
54.507
Notice of Bond Election
54.510
Provisions of Bonds
54.512
Sale or Exchange of Bonds
54.514
Refunding Bonds
54.518
Mandamus by Bondholders
54.520
Cancellation of Unsold Bonds
54.521
Use of Bond Proceeds to Pay Certain Interest
54.522
Bonds for Street Repair or Maintenance
54.601
Tax Levy for Bonds
54.602
Establishment of Tax Rate in Each Year
54.603
Mandamus by Bondholders
54.604
Assessment and Collection of District Taxes
54.728
Consolidation of Districts
54.729
Elections to Approve Consolidation
54.730
Governing Consolidated Districts
54.731
Debts of Original Districts
54.732
Assessment and Collection of Taxes
54.733
Voted but Unissued Bonds
54.734
Dissolution of District Prior to Issuance of Bonds
54.735
Notice of Hearing
54.736
Hearing
54.737
Board’s Order to Dissolve District
54.738
Judicial Review of Board’s Order
54.739
Substituting Land of Equal Value
54.740
Requisites for Application for Exclusion
54.741
Inclusion of Substitute Land Required
54.742
Application for Inclusion
54.743
Notice of Hearing and Hearing Procedures
54.744
Impairment of Security
54.745
Board’s Resolution to Substitute
54.746
Liability of Excluded and Included Land
54.747
Service to Included Land
54.748
Exclusion of Land for Failure to Provide Sufficient Services
54.749
Tax Liability of Excluded Land
54.801
Authority to Establish Defined Areas or Designated Property
54.802
Defining Area and Designating Property to Be Benefited by Improvements
54.804
Order Adopting Plans for Defined Area or Designated Property
54.805
Obtaining Funds to Construct, Administer, Maintain, and Operate Improvements and Facilities in Defined Areas or Designated Property
54.806
Procedure for Election
54.809
Issuance of Bonds and Imposition of Tax for Defined Area or Designated Property
54.810
Limitation on Other Bond Authorizations
54.811
Pledge of Faith and Credit
54.812
Notice to Purchasers
54.813
Municipality’s Authority Regarding Defined Area
54.2051
Service Connections to Certain Dwelling Units
54.2052
Plumbing Code
54.2351
Contracts with Other Districts, Water Supply Corporations, or Other Retail Public Utilities
54.5161
Review of Bond Projects by Counties

Accessed:
Mar. 23, 2024

§ 54.0162’s source at texas​.gov