Texas 2009 - 81st Regular

Texas House Bill HB1089 Compare Versions

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1	1	81R3438 SLB-F
2	2	By: Parker H.B. No. 1089
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Denton County Municipal
8	8	Utility District No. 4 and the Denton County Municipal Utility
9	9	District No. 5; providing authority to impose a tax and issue bonds;
10	10	granting a limited power of eminent domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapters 8308 and 8309 to read as
14	14	follows:
15	15	CHAPTER 8308. DENTON COUNTY MUNICIPAL
16	16	UTILITY DISTRICT NO. 4
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8308.001. DEFINITION. In this chapter, "district"
19	19	means the Denton County Municipal Utility District No. 4.
20	20	[Sections 8308.002-8308.050 reserved for expansion]
21	21	SUBCHAPTER B. POWERS AND DUTIES
22	22	Sec. 8308.051. MUNICIPAL UTILITY DISTRICT POWERS AND
23	23	DUTIES. The district has the powers and duties provided by the
24	24	general law of this state, including Chapters 49 and 54, Water Code,
25	25	applicable to municipal utility districts created under Section 59,
26	26	Article XVI, Texas Constitution.
27	27	Sec. 8308.052. AUTHORITY FOR ROAD PROJECTS. Under Section
28	28	52, Article III, Texas Constitution, the district may design,
29	29	acquire, construct, finance, issue bonds for, improve, operate,
30	30	maintain and convey to this state, a county, or a municipality for
31	31	operation and maintenance macadamized, graveled, or paved roads, or
32	32	improvements, including storm drainage, in aid of those roads.
33	33	Sec. 8308.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
34	34	project must meet all applicable construction standards, zoning and
35	35	subdivision requirements, and regulations of each municipality in
36	36	whose corporate limits or extraterritorial jurisdiction the road
37	37	project is located.
38	38	(b) If a road project is not located in the corporate limits
39	39	or extraterritorial jurisdiction of a municipality, the road
40	40	project must meet all applicable construction standards,
41	41	subdivision requirements, and regulations of each county in which
42	42	the road project is located.
43	43	(c) If the state will maintain and operate the road, the
44	44	Texas Transportation Commission must approve the plans and
45	45	specifications of the road project.
46	46	Sec. 8308.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
47	47	OR RESOLUTION. The district shall comply with all applicable
48	48	requirements of an ordinance or resolution that is adopted under
49	49	Section 54.016 or 54.0165, Water Code, and that consents to the
50	50	creation of the district or to the inclusion of land in the
51	51	district.
52	52	Sec. 8308.055. LIMITATION ON USE OF EMINENT DOMAIN. The
53	53	district may not exercise the power of eminent domain outside the
54	54	district to acquire a site or easement for:
55	55	(1) a road project authorized by Section 8308.052; or
56	56	(2) a recreational facility as defined by Section
57	57	49.462, Water Code.
58	58	[Sections 8308.056-8308.100 reserved for expansion]
59	59	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
60	60	Sec. 8308.101. TAX TO REPAY BONDS. The district may impose
61	61	a tax to pay the principal of or interest on bonds issued under
62	62	Section 8308.151.
63	63	[Sections 8308.102-8308.150 reserved for expansion]
64	64	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
65	65	Sec. 8308.151. AUTHORITY TO ISSUE BONDS AND OTHER
66	66	OBLIGATIONS. The district may issue bonds or other obligations
67	67	payable wholly or partly from ad valorem taxes, impact fees,
68	68	revenue, contract payments, grants, or other district money, or any
69	69	combination of those sources, to pay for any authorized district
70	70	purpose.
71	71	Sec. 8308.152. TAXES FOR BONDS. At the time the district
72	72	issues bonds payable wholly or partly from ad valorem taxes, the
73	73	district shall provide for the annual imposition of a continuing
74	74	direct ad valorem tax, without limit as to rate or amount, while all
75	75	or part of the bonds are outstanding as required and in the manner
76	76	provided by Sections 54.601 and 54.602, Water Code.
77	77	Sec. 8308.153. BONDS FOR ROAD PROJECTS. (a) The district
78	78	may not issue bonds payable from ad valorem taxes to finance a road
79	79	project unless the issuance is approved by a vote of a two-thirds
80	80	majority of the district voters voting at an election held for that
81	81	purpose.
82	82	(b) At the time of issuance, the total principal amount of
83	83	bonds or other obligations issued or incurred to finance road
84	84	projects and payable from ad valorem taxes may not exceed
85	85	one-fourth of the assessed value of the real property in the
86	86	district.
87	87	CHAPTER 8309. DENTON COUNTY MUNICIPAL
88	88	UTILITY DISTRICT NO. 5
89	89	SUBCHAPTER A. GENERAL PROVISIONS
90	90	Sec. 8309.001. DEFINITION. In this chapter, "district"
91	91	means the Denton County Municipal Utility District No. 5.
92	92	[Sections 8309.002-8309.050 reserved for expansion]
93	93	SUBCHAPTER B. POWERS AND DUTIES
94	94	Sec. 8309.051. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8309.052. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8309.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8309.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of an ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 8309.055. LIMITATION ON USE OF EMINENT DOMAIN. The
125	125	district may not exercise the power of eminent domain outside the
126	126	district to acquire a site or easement for:
127	127	(1) a road project authorized by Section 8309.052; or
128	128	(2) a recreational facility as defined by Section
129	129	49.462, Water Code.
130	130	[Sections 8309.056-8309.100 reserved for expansion]
131	131	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
132	132	Sec. 8309.101. TAX TO REPAY BONDS. The district may impose
133	133	a tax to pay the principal of or interest on bonds issued under
134	134	Section 8309.151.
135	135	[Sections 8309.102-8309.150 reserved for expansion]
136	136	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
137	137	Sec. 8309.151. AUTHORITY TO ISSUE BONDS AND OTHER
138	138	OBLIGATIONS. The district may issue bonds or other obligations
139	139	payable wholly or partly from ad valorem taxes, impact fees,
140	140	revenue, contract payments, grants, or other district money, or any
141	141	combination of those sources, to pay for any authorized district
142	142	purpose.
143	143	Sec. 8309.152. TAXES FOR BONDS. At the time the district
144	144	issues bonds payable wholly or partly from ad valorem taxes, the
145	145	district shall provide for the annual imposition of a continuing
146	146	direct ad valorem tax, without limit as to rate or amount, while all
147	147	or part of the bonds are outstanding as required and in the manner
148	148	provided by Sections 54.601 and 54.602, Water Code.
149	149	Sec. 8309.153. BONDS FOR ROAD PROJECTS. (a) The district
150	150	may not issue bonds payable from ad valorem taxes to finance a road
151	151	project unless the issuance is approved by a vote of a two-thirds
152	152	majority of the district voters voting at an election held for that
153	153	purpose.
154	154	(b) At the time of issuance, the total principal amount of
155	155	bonds or other obligations issued or incurred to finance road
156	156	projects and payable from ad valorem taxes may not exceed
157	157	one-fourth of the assessed value of the real property in the
158	158	district.
159	159	SECTION 2. (a) The legal notice of the intention to
160	160	introduce this Act, setting forth the general substance of this
161	161	Act, has been published as provided by law, and the notice and a
162	162	copy of this Act have been furnished to all persons, agencies,
163	163	officials, or entities to which they are required to be furnished
164	164	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
165	165	Government Code.
166	166	(b) The governor, one of the required recipients, has
167	167	submitted the notice and Act to the Texas Commission on
168	168	Environmental Quality.
169	169	(c) The Texas Commission on Environmental Quality has filed
170	170	its recommendations relating to this Act with the governor, the
171	171	lieutenant governor, and the speaker of the house of
172	172	representatives within the required time.
173	173	(d) All requirements of the constitution and laws of this
174	174	state and the rules and procedures of the legislature with respect
175	175	to the notice, introduction, and passage of this Act are fulfilled
176	176	and accomplished.
177	177	SECTION 3. This Act takes effect immediately if it receives
178	178	a vote of two-thirds of all the members elected to each house, as
179	179	provided by Section 39, Article III, Texas Constitution. If this
180	180	Act does not receive the vote necessary for immediate effect, this
181	181	Act takes effect September 1, 2009.