Texas 2009 - 81st Regular

Texas House Bill HB2178 Compare Versions

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1	1	81R5874 PMO-F
2	2	By: Olivo H.B. No. 2178
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 Sienna Plantation
8	8	Municipal Utility District No. 7; providing authority to impose a
9	9	tax and 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 8323 to read as follows:
13	13	CHAPTER 8323. SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 7
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8323.001. DEFINITION. In this chapter, "district"
16	16	means the Sienna Plantation Municipal Utility District No. 7.
17	17	Sec. 8323.002. 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, improvement, operation, or maintenance
24	24	of macadamized, graveled, or paved roads, or improvements,
25	25	including storm drainage, in aid of those roads.
26	26	[Sections 8323.003-8323.050 reserved for expansion]
27	27	SUBCHAPTER B. POWERS AND DUTIES
28	28	Sec. 8323.051. GENERAL POWERS AND DUTIES. The district has
29	29	the powers and duties necessary to accomplish the purposes
30	30	described by Section 8323.002.
31	31	Sec. 8323.052. 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. 8323.053. AUTHORITY FOR ROAD PROJECTS. Under Section
37	37	52, Article III, Texas Constitution, the district may design,
38	38	acquire, construct, finance, issue bonds for, improve, operate,
39	39	maintain, and convey to this state, a county, or a municipality for
40	40	operation and maintenance macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8323.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	43	road project must meet all applicable construction standards,
44	44	zoning and subdivision requirements, and regulations of each
45	45	municipality in whose corporate limits or extraterritorial
46	46	jurisdiction the road project is located.
47	47	(b) If a road project is not located in the corporate limits
48	48	or extraterritorial jurisdiction of a municipality, the road
49	49	project must meet all applicable construction standards,
50	50	subdivision requirements, and regulations of each county in which
51	51	the road project is located.
52	52	(c) If the state will maintain and operate the road, the
53	53	Texas Transportation Commission must approve the plans and
54	54	specifications of the road project.
55	55	(d) Except as provided by Subsection (c), 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, operate, maintain, or convey a road project.
59	59	[Sections 8323.055-8323.100 reserved for expansion]
60	60	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
61	61	Sec. 8323.101. AUTHORITY TO ISSUE BONDS AND OTHER
62	62	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
63	63	other obligations payable wholly or partly from ad valorem taxes,
64	64	impact fees, revenue, contract payments, grants, or other district
65	65	money, or any combination of those sources, to pay for a road
66	66	project authorized by Section 8323.053.
67	67	(b) The district may not issue bonds payable from ad valorem
68	68	taxes to finance a road project unless the issuance is approved by a
69	69	vote of a two-thirds majority of the district voters voting at an
70	70	election held for that purpose.
71	71	(c) At the time of issuance, the total principal amount of
72	72	bonds or other obligations issued or incurred to finance road
73	73	projects and payable from ad valorem taxes may not exceed
74	74	one-fourth of the assessed value of the real property in the
75	75	district.
76	76	Sec. 8323.102. TAXES FOR BONDS. At the time the district
77	77	issues bonds payable wholly or partly from ad valorem taxes, the
78	78	district shall provide for the annual imposition of a continuing
79	79	direct ad valorem tax, without limit as to rate or amount, while all
80	80	or part of the bonds are outstanding as required and in the manner
81	81	provided by Sections 54.601 and 54.602, Water Code.
82	82	SECTION 2. The Sienna Plantation Municipal Utility District
83	83	No. 7 retains all the rights, powers, privileges, authority,
84	84	duties, and functions that it had before the effective date of this
85	85	Act.
86	86	SECTION 3. (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 4. 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.