SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 8198.001. DEFINITION. "District" means Harris County Municipal Utility District No. 402.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.
  1. Sec. 8198.002. NATURE OF DISTRICT. The district is a municipal utility district in Harris County created under and essential to accomplish the purposes of Section 52(b)(3), Article III, or Section 59, Article XVI, Texas Constitution.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.
  1. Sec. 8198.003. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapters 49 and 54, Water Code, apply to the district.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES

  1. Sec. 8198.051. ROAD PROJECTS. (a) The district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside or outside the district.
  2. (b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of:
    1. (1) each municipality in whose corporate limits or extraterritorial jurisdiction the district is located; and
    2. (2) each county in which the district is located.
  3. (c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by resolution.
  4. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.
    Amended by:
    Acts 2013, 83rd Leg., R.S., Ch. 1124 (H.B. 3947), Sec. 1, eff. June 14, 2013.
  1. Sec. 8198.052. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTIONS. The district shall comply with all applicable requirements of any resolution, adopted by the governing body of a municipality, that consented to the creation of the district or to the inclusion of land in the district.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

  1. Sec. 8198.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The district may impose a tax to pay the principal of or interest on bonds issued under Section 8198.151.
  2. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. BONDS

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 2590, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 8198.151. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, to finance the construction, maintenance, or operation of projects under Section 8198.051.
  2. (b) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8198.051 unless the issuance is approved by a vote of a two-thirds majority of the voters in the district or of the defined areas to be benefited by the project as provided by Subchapter J, Chapter 54, Water Code, voting at an election called for that purpose. The simple majority vote approval required by Section 54.808(a), Water Code, does not apply to an election under this subsection.
  3. (c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8198.051 may not exceed one-fourth of the assessed value of the real property in the district or the defined area as provided by Subchapter J, Chapter 54, Water Code.
  4. Added by Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 1401), Sec. 1, eff. September 1, 2007.

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