S.B. No. 932
AN ACT
relating to the powers and duties of the Sienna Plantation
Municipal Utility District No. 7; providing authority to impose a
tax and issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8323 to read as follows:
CHAPTER 8323. SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 7
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8323.001. DEFINITION. In this chapter, "district"
means the Sienna Plantation Municipal Utility District No. 7.
Sec. 8323.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
(b) The district is essential to accomplish the purposes of
Section 52, Article III, Texas Constitution, that relate to the
construction, acquisition, improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads.
[Sections 8323.003-8323.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8323.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes
described by Section 8323.002.
Sec. 8323.052. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8323.053. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8323.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8323.055. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for a road project authorized
by Section 8323.053.
[Sections 8323.056-8323.100 reserved for expansion]
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8323.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
or other obligations payable wholly or partly from ad valorem
taxes, impact fees, revenue, contract payments, grants, or other
district money, or any combination of those sources, to pay for a
road project authorized by Section 8323.053.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(c) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 8323.102. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
district shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
SECTION 2. The Sienna Plantation Municipal Utility District
No. 7 retains all the rights, powers, privileges, authority,
duties, and functions that it had before the effective date of this
Act.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 932 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 932 passed the House on
May 15, 2009, by the following vote: Yeas 143, Nays 1, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor