Texas 2009 - 81st Regular

Texas Senate Bill SB799 Compare Versions

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1	1	S.B. No. 799
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Plum Creek Fresh Water
6	6	Supply District No. 1; providing authority to impose a tax and issue
7	7	bonds; granting the power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The name of Plum Creek Fresh Water Supply
10	10	District No. 1 of Liberty County is changed to Plum Creek Fresh
11	11	Water Supply District No. 1.
12	12	SECTION 2. Subtitle B, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 6907 to read as follows:
14	14	CHAPTER 6907. PLUM CREEK FRESH WATER SUPPLY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 6907.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Plum Creek Fresh Water Supply
20	20	District No. 1.
21	21	Sec. 6907.002. NATURE OF DISTRICT. The district is a fresh
22	22	water supply district created under and essential to accomplish the
23	23	purposes of Section 52, Article III, and Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 6907.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. All
26	26	land and other property in the district will benefit from the
27	27	improvements and services to be provided by the district.
28	28	[Sections 6907.004-6907.050 reserved for expansion]
29	29	SUBCHAPTER B. BOARD OF DIRECTORS
30	30	Sec. 6907.051. GOVERNING BODY; TERMS. (a) The district is
31	31	governed by a board of five elected directors.
32	32	(b) Directors serve staggered four-year terms.
33	33	Sec. 6907.052. QUALIFICATIONS. To be qualified to serve as
34	34	a director, a person must be:
35	35	(1) at least 18 years of age;
36	36	(2) a resident of this state; and
37	37	(3) an owner of land subject to taxation in the
38	38	district or a qualified voter of the district.
39	39	[Sections 6907.053-6907.100 reserved for expansion]
40	40	SUBCHAPTER C. POWERS AND DUTIES
41	41	Sec. 6907.101. GENERAL POWERS AND DUTIES. The district has
42	42	the powers and duties necessary to accomplish the purposes for
43	43	which the district is created.
44	44	Sec. 6907.102. FRESH WATER SUPPLY DISTRICT POWERS AND
45	45	DUTIES. The district has the powers and duties provided by the
46	46	general law of this state applicable to fresh water supply
47	47	districts created under Section 59, Article XVI, Texas
48	48	Constitution, including Chapters 49 and 53, Water Code.
49	49	Sec. 6907.103. AUTHORITY FOR DRAINAGE PROJECTS. The
50	50	district may purchase, construct, acquire, own, operate, maintain,
51	51	repair, or improve all works, improvements, facilities, plants,
52	52	equipment, and appliances necessary to gather, conduct, divert, and
53	53	control local stormwater or other local harmful excesses of water
54	54	in the district.
55	55	Sec. 6907.104. DIVISION OF DISTRICT. (a) The district may
56	56	be divided into two or more new districts only if the district:
57	57	(1) has no outstanding bonded debt; and
58	58	(2) is not imposing ad valorem taxes.
59	59	(b) This chapter applies to any new district created by the
60	60	division of the district, and a new district has all the powers and
61	61	duties of the district.
62	62	(c) Any new district created by the division of the district
63	63	may not, at the time the new district is created, contain any land
64	64	outside the territory of the district as it existed on the date the
65	65	district was created.
66	66	(d) The board, on its own motion or on receipt of a petition
67	67	signed by the owner or owners of a majority of the assessed value of
68	68	the real property in the district, may adopt an order dividing the
69	69	district.
70	70	(e) The board may adopt an order dividing the district
71	71	before or after the date the board holds an election to confirm the
72	72	district's creation.
73	73	(f) An order dividing the district shall:
74	74	(1) name each new district;
75	75	(2) include the metes and bounds description of the
76	76	territory of each new district;
77	77	(3) appoint temporary directors for each new district;
78	78	and
79	79	(4) provide for the division of assets and liabilities
80	80	between or among the new districts.
81	81	(g) On or before the 30th day after the date of adoption of
82	82	an order dividing the district, the district shall file the order
83	83	with the Texas Commission on Environmental Quality and record the
84	84	order in the real property records of each county in which the
85	85	district is located.
86	86	(h) Any new district created by the division of the district
87	87	shall hold a confirmation and directors' election as provided by
88	88	Section 49.102, Water Code.
89	89	(i) Municipal consent to the creation of the district and to
90	90	the inclusion of land in the district acts as municipal consent to
91	91	the creation of any new district created by the division of the
92	92	district and to the inclusion of land in the new district.
93	93	(j) Any new district created by the division of the district
94	94	must hold an election as required by this chapter to obtain voter
95	95	approval before the district may impose a maintenance tax or issue
96	96	bonds payable wholly or partly from ad valorem taxes.
97	97	Sec. 6907.105. ADDITION OF LAND. Land that is adjacent to
98	98	the district may be added to the district in the manner provided by
99	99	and in accordance with the requirements of Subchapter J, Chapter
100	100	49, Water Code, whether or not the land is located in the same
101	101	county.
102	102	[Sections 6907.106-6907.150 reserved for expansion]
103	103	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
104	104	Sec. 6907.151. ELECTIONS REGARDING TAXES OR BONDS.
105	105	(a) The district may issue, without an election, bonds and other
106	106	obligations secured by:
107	107	(1) revenue other than ad valorem taxes; or
108	108	(2) contract payments described by Section 6907.153.
109	109	(b) The district must hold an election in the manner
110	110	provided by Chapters 49 and 53, Water Code, to obtain voter approval
111	111	before the district may impose an ad valorem tax or issue bonds
112	112	payable from ad valorem taxes.
113	113	(c) The district may not issue bonds payable from ad valorem
114	114	taxes to finance a road project unless the issuance is approved by a
115	115	vote of a two-thirds majority of the district voters voting at an
116	116	election held for that purpose.
117	117	Sec. 6907.152. OPERATION AND MAINTENANCE TAX. (a) If
118	118	authorized at an election held under Section 6907.151, the district
119	119	may impose an operation and maintenance tax on taxable property in
120	120	the district in accordance with Section 49.107, Water Code.
121	121	(b) The board shall determine the tax rate. The rate may not
122	122	exceed the rate approved at the election.
123	123	Sec. 6907.153. CONTRACT TAXES. (a) In accordance with
124	124	Section 49.108, Water Code, the district may impose a tax other than
125	125	an operation and maintenance tax and use the revenue derived from
126	126	the tax to make payments under a contract after the provisions of
127	127	the contract have been approved by a majority of the district voters
128	128	voting at an election held for that purpose.
129	129	(b) A contract approved by the district voters may contain a
130	130	provision stating that the contract may be modified or amended by
131	131	the board without further voter approval.
132	132	Sec. 6907.154. TAX ASSESSOR AND COLLECTOR. Sections
133	133	53.072-53.075, Water Code, do not apply to the district. The board
134	134	may employ or contract with a tax assessor and collector for the
135	135	district as provided by Chapter 49, Water Code.
136	136	[Sections 6907.155-6907.200 reserved for expansion]
137	137	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
138	138	Sec. 6907.201. AUTHORITY TO ISSUE BONDS AND OTHER
139	139	OBLIGATIONS. The district may issue bonds or other obligations
140	140	payable wholly or partly from ad valorem taxes, impact fees,
141	141	revenue, contract payments, grants, or other district money, or any
142	142	combination of those sources, to pay for any authorized district
143	143	purpose.
144	144	Sec. 6907.202. TAXES FOR BONDS. At the time the district
145	145	issues bonds payable wholly or partly from ad valorem taxes, the
146	146	board shall provide for the annual imposition of a continuing
147	147	direct ad valorem tax, without limit as to rate or amount, while all
148	148	or part of the bonds are outstanding as required and in the manner
149	149	provided by Section 53.188, Water Code.
150	150	Sec. 6907.203. BONDS FOR ROAD PROJECTS. At the time of
151	151	issuance, the total principal amount of bonds or other obligations
152	152	issued or incurred to finance road projects and payable from ad
153	153	valorem taxes may not exceed one-fourth of the assessed value of the
154	154	real property in the district.
155	155	SECTION 3. (a) The legal notice of the intention to
156	156	introduce this Act, setting forth the general substance of this
157	157	Act, has been published as provided by law, and the notice and a
158	158	copy of this Act have been furnished to all persons, agencies,
159	159	officials, or entities to which they are required to be furnished
160	160	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
161	161	Government Code.
162	162	(b) The governor, one of the required recipients, has
163	163	submitted the notice and Act to the Texas Commission on
164	164	Environmental Quality.
165	165	(c) The Texas Commission on Environmental Quality has filed
166	166	its recommendations relating to this Act with the governor, the
167	167	lieutenant governor, and the speaker of the house of
168	168	representatives within the required time.
169	169	(d) All requirements of the constitution and laws of this
170	170	state and the rules and procedures of the legislature with respect
171	171	to the notice, introduction, and passage of this Act are fulfilled
172	172	and accomplished.
173	173	SECTION 4. This Act takes effect immediately if it receives
174	174	a vote of two-thirds of all the members elected to each house, as
175	175	provided by Section 39, Article III, Texas Constitution. If this
176	176	Act does not receive the vote necessary for immediate effect, this
177	177	Act takes effect September 1, 2009.
178	178	______________________________ ______________________________
179	179	President of the Senate Speaker of the House
180	180	I hereby certify that S.B. No. 799 passed the Senate on
181	181	April 2, 2009, by the following vote: Yeas 31, Nays 0.
182	182	______________________________
183	183	Secretary of the Senate
184	184	I hereby certify that S.B. No. 799 passed the House on
185	185	May 5, 2009, by the following vote: Yeas 144, Nays 0, one present
186	186	not voting.
187	187	______________________________
188	188	Chief Clerk of the House
189	189	Approved:
190	190	______________________________
191	191	Date
192	192	______________________________
193	193	Governor