Texas 2009 - 81st Regular

Texas House Bill HB4779 Compare Versions

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1	1	H.B. No. 4779
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the 3 B&J Municipal Utility
6	6	District; providing authority to impose a tax and issue bonds.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 8221, Special District
9	9	Local Laws Code, is amended by adding Sections 8221.109, 8221.110,
10	10	and 8221.111 to read as follows:
11	11	Sec. 8221.109. AUTHORITY FOR ROAD PROJECTS. Under Section
12	12	52, Article III, Texas Constitution, the district may design,
13	13	acquire, construct, finance, issue bonds for, improve, operate,
14	14	maintain, and convey to this state, a county, or a municipality for
15	15	operation and maintenance macadamized, graveled, or paved roads, or
16	16	improvements, including storm drainage, in aid of those roads.
17	17	Sec. 8221.110. ROAD STANDARDS AND REQUIREMENTS. (a) A road
18	18	project must meet all applicable construction standards, zoning and
19	19	subdivision requirements, and regulations of each municipality in
20	20	whose corporate limits or extraterritorial jurisdiction the road
21	21	project is located.
22	22	(b) If a road project is not located in the corporate limits
23	23	or extraterritorial jurisdiction of a municipality, the road
24	24	project must meet all applicable construction standards,
25	25	subdivision requirements, and regulations of each county in which
26	26	the road project is located.
27	27	(c) If the state will maintain and operate the road, the
28	28	Texas Transportation Commission must approve the plans and
29	29	specifications of the road project.
30	30	Sec. 8221.111. LIMITATION ON USE OF EMINENT DOMAIN. The
31	31	district may not exercise the power of eminent domain outside the
32	32	district to acquire a site or easement for a road project authorized
33	33	by Section 8221.109.
34	34	SECTION 2. Section 8221.201, Special District Local Laws
35	35	Code, is amended to read as follows:
36	36	Sec. 8221.201. AUTHORITY TO ISSUE BONDS AND OTHER
37	37	OBLIGATIONS. The district may issue bonds or other obligations
38	38	payable wholly or partly from ad valorem taxes, impact fees,
39	39	revenue, grants, or other district money, or any combination of
40	40	those sources, to pay for any authorized district purpose,
41	41	including a purpose described by Section 8221.109.
42	42	SECTION 3. Subchapter E, Chapter 8221, Special District
43	43	Local Laws Code, is amended by adding Section 8221.203 to read as
44	44	follows:
45	45	Sec. 8221.203. BONDS FOR ROAD PROJECTS. (a) At the time of
46	46	issuance, the total principal amount of bonds or other obligations
47	47	issued or incurred to finance road projects and payable from ad
48	48	valorem taxes may not exceed one-fourth of the assessed value of the
49	49	real property in the district.
50	50	(b) The district may not issue bonds payable from ad valorem
51	51	taxes to finance a road project unless the issuance is approved by a
52	52	vote of a two-thirds majority of the district voters voting at an
53	53	election held for that purpose.
54	54	SECTION 4. (a) The legal notice of the intention to
55	55	introduce this Act, setting forth the general substance of this
56	56	Act, has been published as provided by law, and the notice and a
57	57	copy of this Act have been furnished to all persons, agencies,
58	58	officials, or entities to which they are required to be furnished
59	59	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
60	60	Government Code.
61	61	(b) The governor, one of the required recipients, has
62	62	submitted the notice and Act to the Texas Commission on
63	63	Environmental Quality.
64	64	(c) The Texas Commission on Environmental Quality has filed
65	65	its recommendations relating to this Act with the governor, the
66	66	lieutenant governor, and the speaker of the house of
67	67	representatives within the required time.
68	68	(d) All requirements of the constitution and laws of this
69	69	state and the rules and procedures of the legislature with respect
70	70	to the notice, introduction, and passage of this Act are fulfilled
71	71	and accomplished.
72	72	SECTION 5. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2009.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I certify that H.B. No. 4779 was passed by the House on May 5,
80	80	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
81	81	voting; and that the House concurred in Senate amendments to H.B.
82	82	No. 4779 on May 23, 2009, by the following vote: Yeas 138, Nays 0,
83	83	1 present, not voting.
84	84	______________________________
85	85	Chief Clerk of the House
86	86	I certify that H.B. No. 4779 was passed by the Senate, with
87	87	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
88	88	0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	APPROVED: __________________
92	92	Date
93	93	__________________
94	94	Governor