Texas 2009 - 81st Regular

Texas Senate Bill SB1038 Compare Versions

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1	1	S.B. No. 1038
2	2
3	3
4	4	AN ACT
5	5	relating to the name, powers, and duties of the Northampton
6	6	Municipal Utility District; providing authority to impose a tax and
7	7	issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 608, Acts of the 60th Legislature,
10	10	Regular Session, 1967, is amended by amending Section 1 and adding
11	11	Sections 11A and 12A to read as follows:
12	12	Sec. 1. Under and pursuant to the provisions of Article 16,
13	13	Section 59 of the Constitution of Texas, a conservation and
14	14	reclamation district is hereby created and established in Harris
15	15	County, Texas, to be known as "Northampton ["Norchester] Municipal
16	16	Utility District," hereinafter called the "district," which shall
17	17	be a governmental agency and a body politic and corporate. The
18	18	creation and establishment of the district is hereby declared to be
19	19	essential to the accomplishment of the purposes of Article 16,
20	20	Section 59, Constitution of Texas.
21	21	Sec. 11A. (a) Notwithstanding the limitation on
22	22	authorization based on acreage under Section 54.801(a), Water Code,
23	23	the district may establish and administer defined areas as provided
24	24	by Subchapter J, Chapter 54, Water Code.
25	25	(b) Under Section 52, Article III, Texas Constitution, the
26	26	district may construct, acquire, improve, maintain, or operate
27	27	macadamized, graveled, or paved roads, or improvements, including
28	28	storm drainage, in aid of those roads, in a defined area established
29	29	under this section.
30	30	(c) The district may issue bonds or other obligations as
31	31	provided by Chapters 49 and 54, Water Code, to finance the
32	32	construction, acquisition, improvement, maintenance, or operation
33	33	of projects under Subsection (b) of this section.
34	34	(d) The district may impose an ad valorem tax on real
35	35	property in a defined area to pay the principal of or interest on
36	36	bonds issued under Subsection (c) of this section to finance
37	37	projects benefiting the defined area.
38	38	(e) The district may not issue bonds or other obligations
39	39	secured wholly or partly by ad valorem taxes to finance a project
40	40	authorized by Subsection (b) of this section unless the issuance is
41	41	approved by a vote of a two-thirds majority of the voters of the
42	42	defined area to be benefited by the project as provided by
43	43	Subchapter J, Chapter 54, Water Code, voting at an election called
44	44	for that purpose. The simple majority vote approval required by
45	45	Section 54.808(a), Water Code, does not apply to an election under
46	46	this subsection.
47	47	(f) At the time of issuance, the total principal amount of
48	48	bonds or other obligations issued or incurred to finance projects
49	49	authorized by Subsection (b) of this section benefiting a defined
50	50	area may not exceed one-fourth of the assessed value of the real
51	51	property in the defined area.
52	52	Sec. 12A. The district may not exercise the power of eminent
53	53	domain outside the district to acquire a site or easement for a road
54	54	project authorized by Section 11A(b) of this Act.
55	55	SECTION 2. (a) The act or proceeding relating to the
56	56	change of name of the Norchester Municipal Utility District to the
57	57	Northampton Municipal Utility District is validated and confirmed
58	58	in all respects.
59	59	(b) This section does not apply to any matter that on the
60	60	effective date of this Act:
61	61	(1) is involved in litigation if the litigation
62	62	ultimately results in the matter being held invalid by a final court
63	63	judgment; or
64	64	(2) has been held invalid by a final court judgment.
65	65	SECTION 3. (a) The legal notice of the intention to
66	66	introduce this Act, setting forth the general substance of this
67	67	Act, has been published as provided by law, and the notice and a
68	68	copy of this Act have been furnished to all persons, agencies,
69	69	officials, or entities to which they are required to be furnished
70	70	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
71	71	Government Code.
72	72	(b) The governor, one of the required recipients, has
73	73	submitted the notice and Act to the Texas Commission on
74	74	Environmental Quality.
75	75	(c) The Texas Commission on Environmental Quality has filed
76	76	its recommendations relating to this Act with the governor, the
77	77	lieutenant governor, and the speaker of the house of
78	78	representatives within the required time.
79	79	(d) All requirements of the constitution and laws of this
80	80	state and the rules and procedures of the legislature with respect
81	81	to the notice, introduction, and passage of this Act are fulfilled
82	82	and accomplished.
83	83	SECTION 4. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2009.
88	88	______________________________ ______________________________
89	89	President of the Senate Speaker of the House
90	90	I hereby certify that S.B. No. 1038 passed the Senate on
91	91	April 30, 2009, by the following vote: Yeas 31, Nays 0.
92	92	______________________________
93	93	Secretary of the Senate
94	94	I hereby certify that S.B. No. 1038 passed the House on
95	95	May 15, 2009, by the following vote: Yeas 144, Nays 0, one present
96	96	not voting.
97	97	______________________________
98	98	Chief Clerk of the House
99	99	Approved:
100	100	______________________________
101	101	Date
102	102	______________________________
103	103	Governor