Texas 2009 - 81st Regular

Texas House Bill HB3990 Compare Versions

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1	1	81R4337 PMO-F
2	2	By: Riddle H.B. No. 3990
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the name, powers, and duties of the Northampton
8	8	Municipal Utility District; providing authority to impose a tax and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 608, Acts of the 60th Legislature,
12	12	Regular Session, 1967, is amended by amending Section 1 and adding
13	13	Section 11A to read as follows:
14	14	Sec. 1. Under and pursuant to the provisions of Article 16,
15	15	Section 59 of the Constitution of Texas, a conservation and
16	16	reclamation district is hereby created and established in Harris
17	17	County, Texas, to be known as "Northampton ["Norchester] Municipal
18	18	Utility District," hereinafter called the "district," which shall
19	19	be a governmental agency and a body politic and corporate. The
20	20	creation and establishment of the district is hereby declared to be
21	21	essential to the accomplishment of the purposes of Article 16,
22	22	Section 59, Constitution of Texas.
23	23	Sec. 11A. (a) Notwithstanding the limitation on
24	24	authorization based on acreage under Section 54.801(a), Water Code,
25	25	the district may establish and administer defined areas as provided
26	26	by Subchapter J, Chapter 54, Water Code.
27	27	(b) Under Article III, Section 52, Texas Constitution, the
28	28	district may construct, acquire, improve, maintain, or operate
29	29	macadamized, graveled, or paved roads, or improvements, including
30	30	storm drainage, in aid of those roads, in a defined area established
31	31	under this section.
32	32	(c) The district may issue bonds or other obligations as
33	33	provided by Chapters 49 and 54, Water Code, to finance the
34	34	construction, acquisition, improvement, maintenance, or operation
35	35	of projects under Subsection (b).
36	36	(d) The district may impose an ad valorem tax on real
37	37	property in a defined area to pay the principal of or interest on
38	38	bonds issued under Subsection (c) to finance projects benefiting
39	39	the defined area.
40	40	(e) The district may not issue bonds or other obligations
41	41	secured wholly or partly by ad valorem taxes to finance a project
42	42	authorized by Subsection (b) unless the issuance is approved by a
43	43	vote of a two-thirds majority of the voters of the defined area to
44	44	be benefited by the project as provided by Subchapter J, Chapter 54,
45	45	Water Code, voting at an election called for that purpose. The
46	46	simple majority vote approval required by Section 54.808(a), Water
47	47	Code, does not apply to an election under this subsection.
48	48	(f) At the time of issuance, the total principal amount of
49	49	bonds or other obligations issued or incurred to finance projects
50	50	authorized by Subsection (b) benefiting a defined area may not
51	51	exceed one-fourth of the assessed value of the real property in the
52	52	defined area.
53	53	SECTION 2. (a) The act or proceeding relating to the change
54	54	of name of the Norchester Municipal Utility District to the
55	55	Northampton Municipal Utility District is validated and confirmed
56	56	in all respects.
57	57	(b) This section does not apply to any matter that on the
58	58	effective date of this Act:
59	59	(1) is involved in litigation if the litigation
60	60	ultimately results in the matter being held invalid by a final court
61	61	judgment; or
62	62	(2) has been held invalid by a final court judgment.
63	63	SECTION 3. (a) The legal notice of the intention to
64	64	introduce this Act, setting forth the general substance of this
65	65	Act, has been published as provided by law, and the notice and a
66	66	copy of this Act have been furnished to all persons, agencies,
67	67	officials, or entities to which they are required to be furnished
68	68	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
69	69	Government Code.
70	70	(b) The governor, one of the required recipients, has
71	71	submitted the notice and Act to the Texas Commission on
72	72	Environmental Quality.
73	73	(c) The Texas Commission on Environmental Quality has filed
74	74	its recommendations relating to this Act with the governor, the
75	75	lieutenant governor, and the speaker of the house of
76	76	representatives within the required time.
77	77	(d) All requirements of the constitution and laws of this
78	78	state and the rules and procedures of the legislature with respect
79	79	to the notice, introduction, and passage of this Act are fulfilled
80	80	and accomplished.
81	81	SECTION 4. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2009.