81R21419 SLB-F
By: Parker H.B. No. 1090
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Oak Point Water Control and
Improvement District No. 4 of Denton County; providing authority to
impose a tax and issue bonds; granting a limited power of eminent
domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9032 to read as follows:
CHAPTER 9032. OAK POINT WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 4 OF DENTON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9032.001. DEFINITION. In this chapter, "district"
means the Oak Point Water Control and Improvement District No. 4 of
Denton County.
[Sections 9032.002-9032.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9032.051. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9032.052. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
(b) The district may exercise its authority under this
section only on or after the date the governing body of the
municipality in whose extraterritorial jurisdiction any part of the
district is located by resolution consents to the district
exercising that authority. If the governing body of the
municipality does not adopt a resolution under this section
consenting to the district's road project authority before January
1, 2010, this section and Sections 9032.053 and 9032.054 expire on
that date.
Sec. 9032.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9032.054. ECONOMIC FEASIBILITY STUDY. (a) Not later
than the 30th day before the date the district issues for a road
purpose bonds payable from ad valorem taxes of the district, the
district shall deliver to the municipality whose extraterritorial
jurisdiction includes district territory a report of the
conclusions of an independent economic feasibility study that
support the ability of the district to pay debt service on the bonds
under consideration at a tax rate of 95 cents or less per $100
assessed valuation on all property subject to taxation by the
district, assuming a 95 percent collection rate.
(b) The economic feasibility study must establish:
(1) the ability of the district to issue the bonds
based on:
(A) land values in the district;
(B) the tax rate necessary to support the
district's payment of debt service on the district's ad valorem tax
bonds; and
(C) other factors enabling the district to
support a reasonable tax rate for debt service; and
(2) the value of projected improvements to be financed
by the bonds.
(c) The district may not issue the bonds unless the
governing body of the district approves the conclusions of the
economic feasibility study. Not later than the 30th day after the
date the municipality receives the study report, the governing body
of the municipality shall either approve or disapprove the
conclusions. If the governing body of the municipality does not
approve or disapprove the conclusions by that 30th day, the
conclusions are considered approved.
(d) If the Texas Commission on Environmental Quality
assumes jurisdiction over the district's issuance of bonds for a
road purpose, this section expires on the day after the date the
commission assumes the jurisdiction.
Sec. 9032.055. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 9032.052; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 9032.056-9032.100 reserved for expansion]
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 9032.101. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 9032.151.
[Sections 9032.102-9032.150 reserved for expansion]
SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
Sec. 9032.151. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9032.152. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
district shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding.
Sec. 9032.153. BONDS FOR ROAD PROJECTS. (a) The district
may not issue bonds payable from ad valorem taxes to finance a road
project unless the issuance is approved by a vote of a two-thirds
majority of the district voters voting at an election held for that
purpose.
(b) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.