Texas 2009 - 81st Regular

Texas House Bill HB1090 Compare Versions

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1	1	81R3939 SLB-F
2	2	By: Parker H.B. No. 1090
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 Oak Point Water Control and
8	8	Improvement District No. 4 of Denton County; providing authority to
9	9	impose a tax and issue bonds; granting a limited power of eminent
10	10	domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 9032 to read as follows:
14	14	CHAPTER 9032. OAK POINT WATER CONTROL AND IMPROVEMENT
15	15	DISTRICT NO. 4 OF DENTON COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 9032.001. DEFINITION. In this chapter, "district"
18	18	means the Oak Point Water Control and Improvement District No. 4 of
19	19	Denton County.
20	20	[Sections 9032.002-9032.050 reserved for expansion]
21	21	SUBCHAPTER B. POWERS AND DUTIES
22	22	Sec. 9032.051. WATER CONTROL AND IMPROVEMENT DISTRICT
23	23	POWERS AND DUTIES. The district has the powers and duties provided
24	24	by the general law of this state, including Chapters 49 and 51,
25	25	Water Code, applicable to water control and improvement districts
26	26	created under Section 59, Article XVI, Texas Constitution.
27	27	Sec. 9032.052. 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. 9032.053. 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. 9032.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
47	47	OR RESOLUTION. The district shall comply with all applicable
48	48	requirements of an ordinance or resolution by which the governing
49	49	body of a municipality consents to the creation of the district or
50	50	to the inclusion of land in the district, including an ordinance or
51	51	resolution adopted before the effective date of this chapter.
52	52	Sec. 9032.055. 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 9032.052; or
56	56	(2) a recreational facility as defined by Section
57	57	49.462, Water Code.
58	58	[Sections 9032.056-9032.100 reserved for expansion]
59	59	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
60	60	Sec. 9032.101. 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 9032.151.
63	63	[Sections 9032.102-9032.150 reserved for expansion]
64	64	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
65	65	Sec. 9032.151. 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. 9032.152. 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.
76	76	Sec. 9032.153. BONDS FOR ROAD PROJECTS. (a) The district
77	77	may not issue bonds payable from ad valorem taxes to finance a road
78	78	project unless the issuance is approved by a vote of a two-thirds
79	79	majority of the district voters voting at an election held for that
80	80	purpose.
81	81	(b) At the time of issuance, the total principal amount of
82	82	bonds or other obligations issued or incurred to finance road
83	83	projects and payable from ad valorem taxes may not exceed
84	84	one-fourth of the assessed value of the real property in the
85	85	district.
86	86	SECTION 2. (a) The legal notice of the intention to
87	87	introduce this Act, setting forth the general substance of this
88	88	Act, has been published as provided by law, and the notice and a
89	89	copy of this Act have been furnished to all persons, agencies,
90	90	officials, or entities to which they are required to be furnished
91	91	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
92	92	Government Code.
93	93	(b) The governor, one of the required recipients, has
94	94	submitted the notice and Act to the Texas Commission on
95	95	Environmental Quality.
96	96	(c) The Texas Commission on Environmental Quality has filed
97	97	its recommendations relating to this Act with the governor, the
98	98	lieutenant governor, and the speaker of the house of
99	99	representatives within the required time.
100	100	(d) All requirements of the constitution and laws of this
101	101	state and the rules and procedures of the legislature with respect
102	102	to the notice, introduction, and passage of this Act are fulfilled
103	103	and accomplished.
104	104	SECTION 3. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2009.