Texas 2009 - 81st Regular

Texas House Bill HB2022 Compare Versions

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1	1	H.B. No. 2022
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Sedona Lakes Municipal
6	6	Utility District No. 1 of Brazoria County; providing authority to
7	7	impose a tax and issue bonds; granting a limited power of eminent
8	8	domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8305 to read as follows:
12	12	CHAPTER 8305. SEDONA LAKES MUNICIPAL UTILITY DISTRICT NO. 1 OF
13	13	BRAZORIA COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8305.001. DEFINITION. In this chapter, "district"
16	16	means the Sedona Lakes Municipal Utility District No. 1 of Brazoria
17	17	County.
18	18	[Sections 8305.002-8305.050 reserved for expansion]
19	19	SUBCHAPTER B. POWERS AND DUTIES
20	20	Sec. 8305.051. MUNICIPAL UTILITY DISTRICT POWERS AND
21	21	DUTIES. The district has the powers and duties provided by the
22	22	general law of this state, including Chapters 49 and 54, Water Code,
23	23	applicable to municipal utility districts created under Section 59,
24	24	Article XVI, Texas Constitution.
25	25	Sec. 8305.052. AUTHORITY FOR ROAD PROJECTS. Under Section
26	26	52, Article III, Texas Constitution, the district may design,
27	27	acquire, construct, finance, issue bonds for, improve, operate,
28	28	maintain, and convey to this state, a county, or a municipality for
29	29	operation and maintenance macadamized, graveled, or paved roads, or
30	30	improvements, including storm drainage, in aid of those roads.
31	31	Sec. 8305.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
32	32	project must meet all applicable construction standards, zoning and
33	33	subdivision requirements, and regulations of each municipality in
34	34	whose corporate limits or extraterritorial jurisdiction the road
35	35	project is located.
36	36	(b) If a road project is not located in the corporate limits
37	37	or extraterritorial jurisdiction of a municipality, the road
38	38	project must meet all applicable construction standards,
39	39	subdivision requirements, and regulations of each county in which
40	40	the road project is located.
41	41	(c) If the state will maintain and operate the road, the
42	42	Texas Transportation Commission must approve the plans and
43	43	specifications of the road project.
44	44	Sec. 8305.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
45	45	OR RESOLUTION. The district shall comply with all applicable
46	46	requirements of any ordinance or resolution that is adopted under
47	47	Section 54.016 or 54.0165, Water Code, including any ordinance or
48	48	resolution adopted before September 1, 2009, and that consents to
49	49	the creation of the district or to the inclusion of land in the
50	50	district.
51	51	Sec. 8305.055. LIMITATION ON USE OF EMINENT DOMAIN. The
52	52	district may not exercise the power of eminent domain outside the
53	53	district to acquire a site or easement for:
54	54	(1) a road project authorized by Section 8305.052; or
55	55	(2) a recreational facility as defined by Section
56	56	49.462, Water Code.
57	57	[Sections 8305.056-8305.100 reserved for expansion]
58	58	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
59	59	Sec. 8305.101. TAX TO REPAY BONDS. The district may impose
60	60	a tax to pay the principal of or interest on bonds or other
61	61	obligations issued under Section 8305.151.
62	62	[Sections 8305.102-8305.150 reserved for expansion]
63	63	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
64	64	Sec. 8305.151. AUTHORITY TO ISSUE BONDS AND OTHER
65	65	OBLIGATIONS. The district may issue bonds or other obligations
66	66	payable wholly or partly from ad valorem taxes, impact fees,
67	67	revenue, contract payments, grants, or other district money, or any
68	68	combination of those sources, to pay for any authorized district
69	69	purpose.
70	70	Sec. 8305.152. TAXES FOR BONDS. At the time the district
71	71	issues bonds payable wholly or partly from ad valorem taxes, the
72	72	board shall provide for the annual imposition of a continuing
73	73	direct ad valorem tax, without limit as to rate or amount, while all
74	74	or part of the bonds are outstanding as required and in the manner
75	75	provided by Sections 54.601 and 54.602, Water Code.
76	76	Sec. 8305.153. 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.
109	109	______________________________ ______________________________
110	110	President of the Senate Speaker of the House
111	111	I certify that H.B. No. 2022 was passed by the House on May 5,
112	112	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
113	113	voting.
114	114	______________________________
115	115	Chief Clerk of the House
116	116	I certify that H.B. No. 2022 was passed by the Senate on May
117	117	27, 2009, by the following vote: Yeas 31, Nays 0.
118	118	______________________________
119	119	Secretary of the Senate
120	120	APPROVED: _____________________
121	121	Date
122	122	_____________________
123	123	Governor