Texas 2009 - 81st Regular

Texas House Bill HB1113 Compare Versions

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1	1	H.B. No. 1113
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Fort Bend County Municipal
6	6	Utility District No. 194; providing authority to impose a tax and
7	7	issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8317 to read as follows:
11	11	CHAPTER 8317. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 194
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8317.001. DEFINITION. In this chapter, "district"
14	14	means the Fort Bend County Municipal Utility District No. 194.
15	15	Sec. 8317.002. NATURE AND PURPOSES OF DISTRICT. (a) The
16	16	district is a municipal utility district created under and
17	17	essential to accomplish the purposes of Section 59, Article XVI,
18	18	Texas Constitution.
19	19	(b) The district is essential to accomplish the purposes of
20	20	Section 52, Article III, Texas Constitution, that relate to the
21	21	construction, acquisition, or improvement of macadamized,
22	22	graveled, or paved roads described by Section 54.234, Water Code,
23	23	or improvements, including storm drainage, in aid of those roads.
24	24	[Sections 8317.003-8317.050 reserved for expansion]
25	25	SUBCHAPTER B. POWERS AND DUTIES
26	26	Sec. 8317.051. GENERAL POWERS AND DUTIES. The district has
27	27	the powers and duties necessary to accomplish the purposes
28	28	described by Section 8317.002.
29	29	Sec. 8317.052. MUNICIPAL UTILITY DISTRICT POWERS AND
30	30	DUTIES. The district has the powers and duties provided by the
31	31	general law of this state, including Chapters 49 and 54, Water Code,
32	32	applicable to municipal utility districts created under Section 59,
33	33	Article XVI, Texas Constitution.
34	34	Sec. 8317.053. AUTHORITY FOR ROAD PROJECTS. (a) Under
35	35	Section 52, Article III, Texas Constitution, the district may
36	36	design, acquire, construct, finance, issue bonds for, improve, and
37	37	convey to this state, a county, or a municipality for operation and
38	38	maintenance macadamized, graveled, or paved roads described by
39	39	Section 54.234, Water Code, or improvements, including storm
40	40	drainage, in aid of those roads.
41	41	(b) The district may exercise the powers provided by this
42	42	section without submitting a petition to or obtaining approval from
43	43	the Texas Commission on Environmental Quality as required by
44	44	Section 54.234, Water Code.
45	45	Sec. 8317.054. APPROVAL OF ROAD PROJECT. (a) The district
46	46	may not undertake a road project authorized by Section 8317.053
47	47	unless:
48	48	(1) each municipality or county that will operate and
49	49	maintain the road has approved the plans and specifications of the
50	50	road project, if a municipality or county will operate and maintain
51	51	the road; or
52	52	(2) the Texas Transportation Commission has approved
53	53	the plans and specifications of the road project, if the state will
54	54	operate and maintain the road.
55	55	(b) Except as provided by Subsection (a), the district is
56	56	not required to obtain approval from the Texas Transportation
57	57	Commission to design, acquire, construct, finance, issue bonds for,
58	58	improve, or convey a road project.
59	59	Sec. 8317.055. LIMITATION ON USE OF EMINENT DOMAIN. The
60	60	district may not exercise the power of eminent domain outside the
61	61	district to acquire a site or easement for a road project authorized
62	62	by Section 8317.053.
63	63	[Sections 8317.056-8317.100 reserved for expansion]
64	64	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
65	65	Sec. 8317.101. AUTHORITY TO ISSUE BONDS AND OTHER
66	66	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
67	67	other obligations payable wholly or partly from ad valorem taxes,
68	68	impact fees, revenue, contract payments, grants, or other district
69	69	money, or any combination of those sources, to pay for a road
70	70	project authorized by Section 8317.053.
71	71	(b) The district may not issue bonds payable from ad valorem
72	72	taxes to finance a road project unless the issuance is approved by a
73	73	vote of a two-thirds majority of the district voters voting at an
74	74	election held for that purpose.
75	75	(c) At the time of issuance, the total principal amount of
76	76	bonds or other obligations issued or incurred to finance road
77	77	projects and payable from ad valorem taxes may not exceed
78	78	one-fourth of the assessed value of the real property in the
79	79	district.
80	80	Sec. 8317.102. TAXES FOR BONDS. At the time the district
81	81	issues bonds payable wholly or partly from ad valorem taxes, the
82	82	district shall provide for the annual imposition of a continuing
83	83	direct ad valorem tax, without limit as to rate or amount, while all
84	84	or part of the bonds are outstanding as required and in the manner
85	85	provided by Sections 54.601 and 54.602, Water Code.
86	86	SECTION 2. The Fort Bend County Municipal Utility District
87	87	No. 194 retains all the rights, powers, privileges, authority,
88	88	duties, and functions that it had before the effective date of this
89	89	Act.
90	90	SECTION 3. (a) The legal notice of the intention to
91	91	introduce this Act, setting forth the general substance of this
92	92	Act, has been published as provided by law, and the notice and a
93	93	copy of this Act have been furnished to all persons, agencies,
94	94	officials, or entities to which they are required to be furnished
95	95	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	96	Government Code.
97	97	(b) The governor, one of the required recipients, has
98	98	submitted the notice and Act to the Texas Commission on
99	99	Environmental Quality.
100	100	(c) The Texas Commission on Environmental Quality has filed
101	101	its recommendations relating to this Act with the governor, the
102	102	lieutenant governor, and the speaker of the house of
103	103	representatives within the required time.
104	104	(d) All requirements of the constitution and laws of this
105	105	state and the rules and procedures of the legislature with respect
106	106	to the notice, introduction, and passage of this Act are fulfilled
107	107	and accomplished.
108	108	SECTION 4. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.
113	113	______________________________ ______________________________
114	114	President of the Senate Speaker of the House
115	115	I certify that H.B. No. 1113 was passed by the House on May 5,
116	116	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
117	117	voting; and that the House concurred in Senate amendments to H.B.
118	118	No. 1113 on May 23, 2009, by the following vote: Yeas 139, Nays 0,
119	119	1 present, not voting.
120	120	______________________________
121	121	Chief Clerk of the House
122	122	I certify that H.B. No. 1113 was passed by the Senate, with
123	123	amendments, on May 21, 2009, by the following vote: Yeas 30, Nays
124	124	0.
125	125	______________________________
126	126	Secretary of the Senate
127	127	APPROVED: __________________
128	128	Date
129	129	__________________
130	130	Governor