Texas 2009 - 81st Regular

Texas House Bill HB1112 Compare Versions

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1	1	81R5608 SLB-F
2	2	By: Zerwas H.B. No. 1112
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 Fort Bend County Municipal
8	8	Utility District No. 161; providing authority to impose a tax and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8338 to read as follows:
13	13	CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8338.001. DEFINITION. In this chapter, "district"
16	16	means the Fort Bend County Municipal Utility District No. 161.
17	17	Sec. 8338.002. NATURE AND PURPOSES OF DISTRICT. (a) The
18	18	district is a municipal utility district created under and
19	19	essential to accomplish the purposes of Section 59, Article XVI,
20	20	Texas Constitution.
21	21	(b) The district is essential to accomplish the purposes of
22	22	Section 52, Article III, Texas Constitution, that relate to the
23	23	construction, acquisition, or improvement of macadamized,
24	24	graveled, or paved roads described by Section 54.234, Water Code,
25	25	or improvements, including storm drainage, in aid of those roads.
26	26	[Sections 8338.003-8338.050 reserved for expansion]
27	27	SUBCHAPTER B. POWERS AND DUTIES
28	28	Sec. 8338.051. GENERAL POWERS AND DUTIES. The district has
29	29	the powers and duties necessary to accomplish the purposes
30	30	described by Section 8338.002.
31	31	Sec. 8338.052. MUNICIPAL UTILITY DISTRICT POWERS AND
32	32	DUTIES. The district has the powers and duties provided by the
33	33	general law of this state, including Chapters 49 and 54, Water Code,
34	34	applicable to municipal utility districts created under Section 59,
35	35	Article XVI, Texas Constitution.
36	36	Sec. 8338.053. AUTHORITY FOR ROAD PROJECTS. (a) Under
37	37	Section 52, Article III, Texas Constitution, the district may
38	38	design, acquire, construct, finance, issue bonds for, improve, and
39	39	convey to this state, a county, or a municipality for operation and
40	40	maintenance macadamized, graveled, or paved roads described by
41	41	Section 54.234, Water Code, or improvements, including storm
42	42	drainage, in aid of those roads.
43	43	(b) The district may exercise the powers provided by this
44	44	section without submitting a petition to or obtaining approval from
45	45	the Texas Commission on Environmental Quality as required by
46	46	Section 54.234, Water Code.
47	47	Sec. 8338.054. APPROVAL OF ROAD PROJECT. (a) The district
48	48	may not undertake a road project authorized by Section 8338.053
49	49	unless:
50	50	(1) each municipality or county that will operate and
51	51	maintain the road has approved the plans and specifications of the
52	52	road project, if a municipality or county will operate and maintain
53	53	the road; or
54	54	(2) the Texas Transportation Commission has approved
55	55	the plans and specifications of the road project, if the state will
56	56	operate and maintain the road.
57	57	(b) Except as provided by Subsection (a), the district is
58	58	not required to obtain approval from the Texas Transportation
59	59	Commission to design, acquire, construct, finance, issue bonds for,
60	60	improve, or convey a road project.
61	61	[Sections 8338.055-8338.100 reserved for expansion]
62	62	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
63	63	Sec. 8338.101. AUTHORITY TO ISSUE BONDS AND OTHER
64	64	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
65	65	other obligations payable wholly or partly from ad valorem taxes,
66	66	impact fees, revenue, contract payments, grants, or other district
67	67	money, or any combination of those sources, to pay for a road
68	68	project authorized by Section 8338.053.
69	69	(b) The district may not issue bonds payable from ad valorem
70	70	taxes to finance a road project unless the issuance is approved by a
71	71	vote of a two-thirds majority of the district voters voting at an
72	72	election held for that purpose.
73	73	(c) At the time of issuance, the total principal amount of
74	74	bonds or other obligations issued or incurred to finance road
75	75	projects and payable from ad valorem taxes may not exceed
76	76	one-fourth of the assessed value of the real property in the
77	77	district.
78	78	Sec. 8338.102. TAXES FOR BONDS. At the time the district
79	79	issues bonds payable wholly or partly from ad valorem taxes, the
80	80	district shall provide for the annual imposition of a continuing
81	81	direct ad valorem tax, without limit as to rate or amount, while all
82	82	or part of the bonds are outstanding as required and in the manner
83	83	provided by Sections 54.601 and 54.602, Water Code.
84	84	SECTION 2. The Fort Bend County Municipal Utility District
85	85	No. 161 retains all the rights, powers, privileges, authority,
86	86	duties, and functions that it had before the effective date of this
87	87	Act.
88	88	SECTION 3. (a) The legal notice of the intention to
89	89	introduce this Act, setting forth the general substance of this
90	90	Act, has been published as provided by law, and the notice and a
91	91	copy of this Act have been furnished to all persons, agencies,
92	92	officials, or entities to which they are required to be furnished
93	93	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
94	94	Government Code.
95	95	(b) The governor, one of the required recipients, has
96	96	submitted the notice and Act to the Texas Commission on
97	97	Environmental Quality.
98	98	(c) The Texas Commission on Environmental Quality has filed
99	99	its recommendations relating to this Act with the governor, the
100	100	lieutenant governor, and the speaker of the house of
101	101	representatives within the required time.
102	102	(d) All requirements of the constitution and laws of this
103	103	state and the rules and procedures of the legislature with respect
104	104	to the notice, introduction, and passage of this Act are fulfilled
105	105	and accomplished.
106	106	SECTION 4. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.