Texas 2009 - 81st Regular

Texas Senate Bill SB2462 Compare Versions

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1	1	S.B. No. 2462
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Falcon's Lair Utility and
6	6	Reclamation District relating to the issuance of bonds.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 19, Chapter 935, Acts of the 69th
9	9	Legislature, Regular Session, 1985, is amended by amending
10	10	Subsection (d) and adding Subsection (f) to read as follows:
11	11	(d) For the payment of all or part of the costs of an
12	12	improvement project or services under Section 20A of this Act, the
13	13	board may issue bonds in one or more series payable from and secured
14	14	by ad valorem taxes, assessments, impact fees, revenues, payments
15	15	pursuant to an agreement made under Section 311.010(b), Tax Code,
16	16	dedicating revenue from a tax increment fund, grants, gifts,
17	17	contracts, or leases or any combination of those funds. Bonds may
18	18	be liens on all or part of the revenue derived from improvements
19	19	authorized under Section 20A of this Act, including installment
20	20	payments of special assessments or from any other source pledged to
21	21	their payment.
22	22	(f) Sections 49.181 and 49.182, Water Code, do not apply to:
23	23	(1) bonds issued by the district and payable from:
24	24	(A) assessments imposed by the district under
25	25	Section 20A of this Act that are paid in full on the first
26	26	conveyance of land after imposition of the assessment; or
27	27	(B) payments pursuant to an agreement made under
28	28	Section 311.010(b), Tax Code, dedicating revenue from a tax
29	29	increment fund; or
30	30	(2) a project that is financed by an issuance of bonds
31	31	described by Subdivision (1) of this subsection.
32	32	SECTION 2. (a) Any act or proceeding of the Falcon's Lair
33	33	Utility and Reclamation District, including an election, not
34	34	excepted by this section and taken before the effective date of this
35	35	Act, is validated and confirmed in all respects as of the date on
36	36	which the act or proceeding occurred.
37	37	(b) This section does not apply to:
38	38	(1) an act, proceeding, director, other official,
39	39	bond, or other obligation the validity of which or of whom is the
40	40	subject of litigation that is pending on the effective date of this
41	41	Act; or
42	42	(2) an act or proceeding that, under a statute of this
43	43	state or the United States, was a misdemeanor or felony at the time
44	44	the act or proceeding occurred.
45	45	SECTION 3. (a) Section 19, Chapter 935, Acts of the 69th
46	46	Legislature, Regular Session, 1985, as amended by this Act, applies
47	47	to bonds issued by the Falcon's Lair Utility and Reclamation
48	48	District on or after the effective date of this Act, regardless of
49	49	whether an application for bond approval from the Texas Commission
50	50	on Environmental Quality is pending on the effective date of this
51	51	Act. Bonds issued by the district before the effective date of this
52	52	Act are governed by the law in effect on the date the bonds were
53	53	issued, and that law is continued in effect for that purpose.
54	54	(b) Section 19, Chapter 935, Acts of the 69th Legislature,
55	55	Regular Session, 1985, as amended by this Act, applies only to the
56	56	construction of a project by the Falcon's Lair Utility and
57	57	Reclamation District that commences on or after the effective date
58	58	of this Act. Construction of a district project that commenced
59	59	before the effective date of this Act is governed by the law in
60	60	effect on the date the construction commenced, and that law is
61	61	continued in effect for that purpose.
62	62	SECTION 4. (a) The legal notice of the intention to
63	63	introduce this Act, setting forth the general substance of this
64	64	Act, has been published as provided by law, and the notice and a
65	65	copy of this Act have been furnished to all persons, agencies,
66	66	officials, or entities to which they are required to be furnished
67	67	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
68	68	Government Code.
69	69	(b) The governor, one of the required recipients, has
70	70	submitted the notice and Act to the Texas Commission on
71	71	Environmental Quality.
72	72	(c) The Texas Commission on Environmental Quality has filed
73	73	its recommendations relating to this Act with the governor, the
74	74	lieutenant governor, and the speaker of the house of
75	75	representatives within the required time.
76	76	(d) All requirements of the constitution and laws of this
77	77	state and the rules and procedures of the legislature with respect
78	78	to the notice, introduction, and passage of this Act are fulfilled
79	79	and accomplished.
80	80	SECTION 5. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2009.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I hereby certify that S.B. No. 2462 passed the Senate on
88	88	April 23, 2009, by the following vote: Yeas 30, Nays 0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	I hereby certify that S.B. No. 2462 passed the House on
92	92	May 26, 2009, by the following vote: Yeas 144, Nays 0, three
93	93	present not voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	Approved:
97	97	______________________________
98	98	Date
99	99	______________________________
100	100	Governor