81R5608 SLB-F
By: Zerwas H.B. No. 1112
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Fort Bend County Municipal
Utility District No. 161; providing authority to impose a tax and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8338 to read as follows:
CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8338.001. DEFINITION. In this chapter, "district"
means the Fort Bend County Municipal Utility District No. 161.
Sec. 8338.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
(b) The district is essential to accomplish the purposes of
Section 52, Article III, Texas Constitution, that relate to the
construction, acquisition, or improvement of macadamized,
graveled, or paved roads described by Section 54.234, Water Code,
or improvements, including storm drainage, in aid of those roads.
[Sections 8338.003-8338.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8338.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes
described by Section 8338.002.
Sec. 8338.052. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8338.053. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8338.054. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8338.053
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
[Sections 8338.055-8338.100 reserved for expansion]
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8338.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) 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 a road
project authorized by Section 8338.053.
(b) 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.
(c) 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.
Sec. 8338.102. 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 as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
SECTION 2. The Fort Bend County Municipal Utility District
No. 161 retains all the rights, powers, privileges, authority,
duties, and functions that it had before the effective date of this
Act.
SECTION 3. (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 4. 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.