Texas 2009 - 81st Regular

Texas House Bill HB2602 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4339 SLB-F
2	2	By: Kleinschmidt H.B. No. 2602
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 Bastrop County Water
8	8	Control and Improvement District No. 2; providing authority to
9	9	impose a tax and issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11001.002(a), Special District Local
12	12	Laws Code, is amended to read as follows:
13	13	(a) Under [The district has all of the rights, powers,
14	14	privileges, functions, responsibilities, and duties that general
15	15	law grants a road district created under] Section 52, Article III,
16	16	Texas Constitution, the district may design, acquire, construct,
17	17	finance, issue bonds for, improve, operate, maintain, and convey to
18	18	this state, a county, or a municipality for operation and
19	19	maintenance macadamized, graveled, or paved roads or improvements,
20	20	including storm drainage, in aid of those roads, inside the
21	21	district.
22	22	SECTION 2. Section 11001.007, Special District Local Laws
23	23	Code, is amended to read as follows:
24	24	Sec. 11001.007. MONTHLY CHARGES. (a) The board by
25	25	resolution may impose a monthly charge in an amount not to exceed
26	26	$15 [of five dollars] for each developed or undeveloped lot, tract,
27	27	or reserve in the district.
28	28	(b) Money received from the monthly charge may [must] be
29	29	used only for:
30	30	(1) constructing, maintaining, or repairing public
31	31	streets or roadways in the district; or
32	32	(2) purchasing equipment necessary to accomplish a
33	33	purpose described by Subdivision (1).
34	34	(c) Not [Of the money received under Subsection (a):
35	35	[(1) not] more than 10 percent of the money received
36	36	under Subsection (a) may be used for administrative purposes[; and
37	37	[(2) not more than 15 percent may be used for road
38	38	maintenance].
39	39	SECTION 3. Chapter 11001, Special District Local Laws Code,
40	40	is amended by adding Sections 11001.014, 11001.015, and 11001.016
41	41	to read as follows:
42	42	Sec. 11001.014. AUTHORITY TO ISSUE BONDS AND OTHER
43	43	OBLIGATIONS. (a) The district may issue bonds or other obligations
44	44	as provided by Chapters 49 and 51, Water Code, to finance the
45	45	acquisition, construction, improvement, maintenance, or operation
46	46	of a project under Section 11001.002.
47	47	(b) The district may not issue bonds or other obligations
48	48	secured wholly or partly by ad valorem taxes to finance projects
49	49	authorized by Section 11001.002 unless the issuance is approved by
50	50	a vote of a two-thirds majority of the district voters voting at an
51	51	election called for that purpose.
52	52	(c) Bonds or other obligations issued or incurred to finance
53	53	projects authorized by Section 11001.002 may not exceed one-fourth
54	54	of the assessed value of the real property in the district.
55	55	(d) Sections 49.181, 49.182, and 50.107, Water Code, do not
56	56	apply to a project authorized by Section 11001.002 or to bonds
57	57	issued to finance the project.
58	58	Sec. 11001.015. TAX TO REPAY BONDS. The district may impose
59	59	a tax to pay the principal of or interest on bonds or other
60	60	obligations issued under Section 11001.014.
61	61	Sec. 11001.016. ROAD CONTRACTS. The district may enter
62	62	into a contract for a road project in the manner provided by
63	63	Subchapter I, Chapter 49, Water Code.
64	64	SECTION 4. (a) The legal notice of the intention to
65	65	introduce this Act, setting forth the general substance of this
66	66	Act, has been published as provided by law, and the notice and a
67	67	copy of this Act have been furnished to all persons, agencies,
68	68	officials, or entities to which they are required to be furnished
69	69	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
70	70	Government Code.
71	71	(b) The governor, one of the required recipients, has
72	72	submitted the notice and Act to the Texas Commission on
73	73	Environmental Quality.
74	74	(c) The Texas Commission on Environmental Quality has filed
75	75	its recommendations relating to this Act with the governor, the
76	76	lieutenant governor, and the speaker of the house of
77	77	representatives within the required time.
78	78	(d) All requirements of the constitution and laws of this
79	79	state and the rules and procedures of the legislature with respect
80	80	to the notice, introduction, and passage of this Act are fulfilled
81	81	and accomplished.
82	82	SECTION 5. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2009.