Texas 2009 - 81st Regular

Texas House Bill HB1367 Compare Versions

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1	1	81R5807 SLB-F
2	2	By: Otto H.B. No. 1367
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 Liberty Lakes Fresh Water
8	8	Supply District No. 1; providing authority to impose a tax and issue
9	9	bonds; granting the power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The name of Liberty Lakes Fresh Water Supply
12	12	District No. 1 of Liberty County is changed to Liberty Lakes Fresh
13	13	Water Supply District No. 1.
14	14	SECTION 2. Subtitle B, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 6908 to read as follows:
16	16	CHAPTER 6908. LIBERTY LAKES FRESH WATER SUPPLY DISTRICT NO. 1
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 6908.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Director" means a board member.
21	21	(3) "District" means the Liberty Lakes Fresh Water
22	22	Supply District No. 1.
23	23	Sec. 6908.002. NATURE OF DISTRICT. The district is a fresh
24	24	water supply district created under and essential to accomplish the
25	25	purposes of Section 52, Article III, and Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 6908.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. All
28	28	land and other property in the district will benefit from the
29	29	improvements and services to be provided by the district.
30	30	[Sections 6908.004-6908.050 reserved for expansion]
31	31	SUBCHAPTER B. BOARD OF DIRECTORS
32	32	Sec. 6908.051. GOVERNING BODY; TERMS. (a) The district is
33	33	governed by a board of five elected directors.
34	34	(b) Directors serve staggered four-year terms.
35	35	Sec. 6908.052. QUALIFICATIONS. To be qualified to serve as
36	36	a director, a person must be:
37	37	(1) at least 18 years of age;
38	38	(2) a resident of this state; and
39	39	(3) an owner of land subject to taxation in the
40	40	district or a qualified voter of the district.
41	41	[Sections 6908.053-6908.100 reserved for expansion]
42	42	SUBCHAPTER C. POWERS AND DUTIES
43	43	Sec. 6908.101. GENERAL POWERS AND DUTIES. The district has
44	44	the powers and duties necessary to accomplish the purposes for
45	45	which the district is created.
46	46	Sec. 6908.102. FRESH WATER SUPPLY DISTRICT POWERS AND
47	47	DUTIES. The district has the powers and duties provided by the
48	48	general law of this state applicable to fresh water supply
49	49	districts created under Section 59, Article XVI, Texas
50	50	Constitution, including Chapters 49 and 53, Water Code.
51	51	Sec. 6908.103. AUTHORITY FOR DRAINAGE PROJECTS. The
52	52	district may purchase, construct, acquire, own, operate, maintain,
53	53	repair, or improve all works, improvements, facilities, plants,
54	54	equipment, and appliances necessary to gather, conduct, divert, and
55	55	control local stormwater or other local harmful excesses of water
56	56	in the district.
57	57	Sec. 6908.104. DIVISION OF DISTRICT. (a) The district may
58	58	be divided into two or more new districts only if the district:
59	59	(1) has no outstanding bonded debt; and
60	60	(2) is not imposing ad valorem taxes.
61	61	(b) This chapter applies to any new district created by the
62	62	division of the district, and a new district has all the powers and
63	63	duties of the district.
64	64	(c) Any new district created by the division of the district
65	65	may not, at the time the new district is created, contain any land
66	66	outside the territory of the district as it existed on the date the
67	67	district was created.
68	68	(d) The board, on its own motion or on receipt of a petition
69	69	signed by the owner or owners of a majority of the assessed value of
70	70	the real property in the district, may adopt an order dividing the
71	71	district.
72	72	(e) The board may adopt an order dividing the district
73	73	before or after the date the board holds an election to confirm the
74	74	district's creation.
75	75	(f) An order dividing the district shall:
76	76	(1) name each new district;
77	77	(2) include the metes and bounds description of the
78	78	territory of each new district;
79	79	(3) appoint temporary directors for each new district;
80	80	and
81	81	(4) provide for the division of assets and liabilities
82	82	between or among the new districts.
83	83	(g) On or before the 30th day after the date of adoption of
84	84	an order dividing the district, the district shall file the order
85	85	with the Texas Commission on Environmental Quality and record the
86	86	order in the real property records of each county in which the
87	87	district is located.
88	88	(h) Any new district created by the division of the district
89	89	shall hold a confirmation and directors' election as provided by
90	90	Section 49.102, Water Code.
91	91	(i) Municipal consent to the creation of the district and to
92	92	the inclusion of land in the district acts as municipal consent to
93	93	the creation of any new district created by the division of the
94	94	district and to the inclusion of land in the new district.
95	95	(j) Any new district created by the division of the district
96	96	must hold an election as required by this chapter to obtain voter
97	97	approval before the district may impose a maintenance tax or issue
98	98	bonds payable wholly or partly from ad valorem taxes.
99	99	Sec. 6908.105. ADDITION OF LAND. Land that is adjacent to
100	100	the district may be added to the district in the manner provided by
101	101	and in accordance with the requirements of Subchapter J, Chapter
102	102	49, Water Code, whether or not the land is located in the same
103	103	county.
104	104	[Sections 6908.106-6908.150 reserved for expansion]
105	105	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
106	106	Sec. 6908.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
107	107	district may issue, without an election, bonds and other
108	108	obligations secured by:
109	109	(1) revenue other than ad valorem taxes; or
110	110	(2) contract payments described by Section 6908.153.
111	111	(b) The district must hold an election in the manner
112	112	provided by Chapters 49 and 53, Water Code, to obtain voter approval
113	113	before the district may impose an ad valorem tax or issue bonds
114	114	payable from ad valorem taxes.
115	115	(c) The district may not issue bonds payable from ad valorem
116	116	taxes to finance a road project unless the issuance is approved by a
117	117	vote of a two-thirds majority of the district voters voting at an
118	118	election held for that purpose.
119	119	Sec. 6908.152. OPERATION AND MAINTENANCE TAX. (a) If
120	120	authorized at an election held under Section 6908.151, the district
121	121	may impose an operation and maintenance tax on taxable property in
122	122	the district in accordance with Section 49.107, Water Code.
123	123	(b) The board shall determine the tax rate. The rate may not
124	124	exceed the rate approved at the election.
125	125	Sec. 6908.153. CONTRACT TAXES. (a) In accordance with
126	126	Section 49.108, Water Code, the district may impose a tax other than
127	127	an operation and maintenance tax and use the revenue derived from
128	128	the tax to make payments under a contract after the provisions of
129	129	the contract have been approved by a majority of the district voters
130	130	voting at an election held for that purpose.
131	131	(b) A contract approved by the district voters may contain a
132	132	provision stating that the contract may be modified or amended by
133	133	the board without further voter approval.
134	134	Sec. 6908.154. TAX ASSESSOR AND COLLECTOR. Sections
135	135	53.072-53.075, Water Code, do not apply to the district. The board
136	136	may employ or contract with a tax assessor and collector for the
137	137	district as provided by Chapter 49, Water Code.
138	138	[Sections 6908.155-6908.200 reserved for expansion]
139	139	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
140	140	Sec. 6908.201. AUTHORITY TO ISSUE BONDS AND OTHER
141	141	OBLIGATIONS. The district may issue bonds or other obligations
142	142	payable wholly or partly from ad valorem taxes, impact fees,
143	143	revenue, contract payments, grants, or other district money, or any
144	144	combination of those sources, to pay for any authorized district
145	145	purpose.
146	146	Sec. 6908.202. TAXES FOR BONDS. At the time the district
147	147	issues bonds payable wholly or partly from ad valorem taxes, the
148	148	board shall provide for the annual imposition of a continuing
149	149	direct ad valorem tax, without limit as to rate or amount, while all
150	150	or part of the bonds are outstanding as required and in the manner
151	151	provided by Section 53.188, Water Code.
152	152	Sec. 6908.203. BONDS FOR ROAD PROJECTS. At the time of
153	153	issuance, the total principal amount of bonds or other obligations
154	154	issued or incurred to finance road projects and payable from ad
155	155	valorem taxes may not exceed one-fourth of the assessed value of the
156	156	real property in the district.
157	157	SECTION 3. (a) The legal notice of the intention to
158	158	introduce this Act, setting forth the general substance of this
159	159	Act, has been published as provided by law, and the notice and a
160	160	copy of this Act have been furnished to all persons, agencies,
161	161	officials, or entities to which they are required to be furnished
162	162	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
163	163	Government Code.
164	164	(b) The governor, one of the required recipients, has
165	165	submitted the notice and Act to the Texas Commission on
166	166	Environmental Quality.
167	167	(c) The Texas Commission on Environmental Quality has filed
168	168	its recommendations relating to this Act with the governor, the
169	169	lieutenant governor, and the speaker of the house of
170	170	representatives within the required time.
171	171	(d) All requirements of the constitution and laws of this
172	172	state and the rules and procedures of the legislature with respect
173	173	to the notice, introduction, and passage of this Act are fulfilled
174	174	and accomplished.
175	175	SECTION 4. This Act takes effect immediately if it receives
176	176	a vote of two-thirds of all the members elected to each house, as
177	177	provided by Section 39, Article III, Texas Constitution. If this
178	178	Act does not receive the vote necessary for immediate effect, this
179	179	Act takes effect September 1, 2009.