Texas 2009 - 81st Regular

Texas Senate Bill SB932 Compare Versions

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1	1	S.B. No. 932
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Sienna Plantation
6	6	Municipal Utility District No. 7; providing authority to impose a
7	7	tax and issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8323 to read as follows:
11	11	CHAPTER 8323. SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 7
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8323.001. DEFINITION. In this chapter, "district"
14	14	means the Sienna Plantation Municipal Utility District No. 7.
15	15	Sec. 8323.002. NATURE AND PURPOSES OF DISTRICT. (a) The
16	16	district is a municipal utility district created under and
17	17	essential to accomplish the purposes of Section 59, Article XVI,
18	18	Texas Constitution.
19	19	(b) The district is essential to accomplish the purposes of
20	20	Section 52, Article III, Texas Constitution, that relate to the
21	21	construction, acquisition, improvement, operation, or maintenance
22	22	of macadamized, graveled, or paved roads, or improvements,
23	23	including storm drainage, in aid of those roads.
24	24	[Sections 8323.003-8323.050 reserved for expansion]
25	25	SUBCHAPTER B. POWERS AND DUTIES
26	26	Sec. 8323.051. GENERAL POWERS AND DUTIES. The district has
27	27	the powers and duties necessary to accomplish the purposes
28	28	described by Section 8323.002.
29	29	Sec. 8323.052. MUNICIPAL UTILITY DISTRICT POWERS AND
30	30	DUTIES. The district has the powers and duties provided by the
31	31	general law of this state, including Chapters 49 and 54, Water Code,
32	32	applicable to municipal utility districts created under Section 59,
33	33	Article XVI, Texas Constitution.
34	34	Sec. 8323.053. AUTHORITY FOR ROAD PROJECTS. Under Section
35	35	52, Article III, Texas Constitution, the district may design,
36	36	acquire, construct, finance, issue bonds for, improve, operate,
37	37	maintain, and convey to this state, a county, or a municipality for
38	38	operation and maintenance macadamized, graveled, or paved roads, or
39	39	improvements, including storm drainage, in aid of those roads.
40	40	Sec. 8323.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
41	41	road project must meet all applicable construction standards,
42	42	zoning and subdivision requirements, and regulations of each
43	43	municipality in whose corporate limits or extraterritorial
44	44	jurisdiction the road project is located.
45	45	(b) If a road project is not located in the corporate limits
46	46	or extraterritorial jurisdiction of a municipality, the road
47	47	project must meet all applicable construction standards,
48	48	subdivision requirements, and regulations of each county in which
49	49	the road project is located.
50	50	(c) If the state will maintain and operate the road, the
51	51	Texas Transportation Commission must approve the plans and
52	52	specifications of the road project.
53	53	Sec. 8323.055. LIMITATION ON USE OF EMINENT DOMAIN. The
54	54	district may not exercise the power of eminent domain outside the
55	55	district to acquire a site or easement for a road project authorized
56	56	by Section 8323.053.
57	57	[Sections 8323.056-8323.100 reserved for expansion]
58	58	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
59	59	Sec. 8323.101. AUTHORITY TO ISSUE BONDS AND OTHER
60	60	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
61	61	or other obligations payable wholly or partly from ad valorem
62	62	taxes, impact fees, revenue, contract payments, grants, or other
63	63	district money, or any combination of those sources, to pay for a
64	64	road project authorized by Section 8323.053.
65	65	(b) The district may not issue bonds payable from ad valorem
66	66	taxes to finance a road project unless the issuance is approved by a
67	67	vote of a two-thirds majority of the district voters voting at an
68	68	election held for that purpose.
69	69	(c) At the time of issuance, the total principal amount of
70	70	bonds or other obligations issued or incurred to finance road
71	71	projects and payable from ad valorem taxes may not exceed
72	72	one-fourth of the assessed value of the real property in the
73	73	district.
74	74	Sec. 8323.102. TAXES FOR BONDS. At the time the district
75	75	issues bonds payable wholly or partly from ad valorem taxes, the
76	76	district shall provide for the annual imposition of a continuing
77	77	direct ad valorem tax, without limit as to rate or amount, while all
78	78	or part of the bonds are outstanding as required and in the manner
79	79	provided by Sections 54.601 and 54.602, Water Code.
80	80	SECTION 2. The Sienna Plantation Municipal Utility District
81	81	No. 7 retains all the rights, powers, privileges, authority,
82	82	duties, and functions that it had before the effective date of this
83	83	Act.
84	84	SECTION 3. (a) The legal notice of the intention to
85	85	introduce this Act, setting forth the general substance of this
86	86	Act, has been published as provided by law, and the notice and a
87	87	copy of this Act have been furnished to all persons, agencies,
88	88	officials, or entities to which they are required to be furnished
89	89	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
90	90	Government Code.
91	91	(b) The governor, one of the required recipients, has
92	92	submitted the notice and Act to the Texas Commission on
93	93	Environmental Quality.
94	94	(c) The Texas Commission on Environmental Quality has filed
95	95	its recommendations relating to this Act with the governor, the
96	96	lieutenant governor, and the speaker of the house of
97	97	representatives within the required time.
98	98	(d) All requirements of the constitution and laws of this
99	99	state and the rules and procedures of the legislature with respect
100	100	to the notice, introduction, and passage of this Act are fulfilled
101	101	and accomplished.
102	102	SECTION 4. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2009.
107	107	______________________________ ______________________________
108	108	President of the Senate Speaker of the House
109	109	I hereby certify that S.B. No. 932 passed the Senate on
110	110	April 23, 2009, by the following vote: Yeas 30, Nays 0.
111	111	______________________________
112	112	Secretary of the Senate
113	113	I hereby certify that S.B. No. 932 passed the House on
114	114	May 15, 2009, by the following vote: Yeas 143, Nays 1, one
115	115	present not voting.
116	116	______________________________
117	117	Chief Clerk of the House
118	118	Approved:
119	119	______________________________
120	120	Date
121	121	______________________________
122	122	Governor