81R4337 PMO-F
By: Riddle H.B. No. 3990
A BILL TO BE ENTITLED
AN ACT
relating to the name, powers, and duties of the Northampton
Municipal Utility District; providing authority to impose a tax and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 608, Acts of the 60th Legislature,
Regular Session, 1967, is amended by amending Section 1 and adding
Section 11A to read as follows:
Sec. 1. Under and pursuant to the provisions of Article 16,
Section 59 of the Constitution of Texas, a conservation and
reclamation district is hereby created and established in Harris
County, Texas, to be known as "Northampton ["Norchester] Municipal
Utility District," hereinafter called the "district," which shall
be a governmental agency and a body politic and corporate. The
creation and establishment of the district is hereby declared to be
essential to the accomplishment of the purposes of Article 16,
Section 59, Constitution of Texas.
Sec. 11A. (a) Notwithstanding the limitation on
authorization based on acreage under Section 54.801(a), Water Code,
the district may establish and administer defined areas as provided
by Subchapter J, Chapter 54, Water Code.
(b) Under Article III, Section 52, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads, or improvements, including
storm drainage, in aid of those roads, in a defined area established
under this section.
(c) The district may issue bonds or other obligations as
provided by Chapters 49 and 54, Water Code, to finance the
construction, acquisition, improvement, maintenance, or operation
of projects under Subsection (b).
(d) The district may impose an ad valorem tax on real
property in a defined area to pay the principal of or interest on
bonds issued under Subsection (c) to finance projects benefiting
the defined area.
(e) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxes to finance a project
authorized by Subsection (b) unless the issuance is approved by a
vote of a two-thirds majority of the voters of the defined area to
be benefited by the project as provided by Subchapter J, Chapter 54,
Water Code, voting at an election called for that purpose. The
simple majority vote approval required by Section 54.808(a), Water
Code, does not apply to an election under this subsection.
(f) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance projects
authorized by Subsection (b) benefiting a defined area may not
exceed one-fourth of the assessed value of the real property in the
defined area.
SECTION 2. (a) The act or proceeding relating to the change
of name of the Norchester Municipal Utility District to the
Northampton Municipal Utility District is validated and confirmed
in all respects.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. (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 4. 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.