81R4339 SLB-F
By: Kleinschmidt H.B. No. 2602
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Bastrop County Water
Control and Improvement District No. 2; providing authority to
impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11001.002(a), Special District Local
Laws Code, is amended to read as follows:
(a) Under [The district has all of the rights, powers,
privileges, functions, responsibilities, and duties that general
law grants a road district created under] Section 52, Article III,
Texas Constitution, the district may design, acquire, construct,
finance, issue bonds for, improve, operate, maintain, and convey to
this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads or improvements,
including storm drainage, in aid of those roads, inside the
district.
SECTION 2. Section 11001.007, Special District Local Laws
Code, is amended to read as follows:
Sec. 11001.007. MONTHLY CHARGES. (a) The board by
resolution may impose a monthly charge in an amount not to exceed
$15 [of five dollars] for each developed or undeveloped lot, tract,
or reserve in the district.
(b) Money received from the monthly charge may [must] be
used only for:
(1) constructing, maintaining, or repairing public
streets or roadways in the district; or
(2) purchasing equipment necessary to accomplish a
purpose described by Subdivision (1).
(c) Not [Of the money received under Subsection (a):
[(1) not] more than 10 percent of the money received
under Subsection (a) may be used for administrative purposes[; and
[(2) not more than 15 percent may be used for road
maintenance].
SECTION 3. Chapter 11001, Special District Local Laws Code,
is amended by adding Sections 11001.014, 11001.015, and 11001.016
to read as follows:
Sec. 11001.014. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
as provided by Chapters 49 and 51, Water Code, to finance the
acquisition, construction, improvement, maintenance, or operation
of a project under Section 11001.002.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxes to finance projects
authorized by Section 11001.002 unless the issuance is approved by
a vote of a two-thirds majority of the district voters voting at an
election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 11001.002 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181, 49.182, and 50.107, Water Code, do not
apply to a project authorized by Section 11001.002 or to bonds
issued to finance the project.
Sec. 11001.015. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds or other
obligations issued under Section 11001.014.
Sec. 11001.016. ROAD CONTRACTS. The district may enter
into a contract for a road project in the manner provided by
Subchapter I, Chapter 49, Water Code.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.