Texas 2013 - 83rd Regular

Texas House Bill HB1572 Compare Versions

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1	1	83R6276 SGA-F
2	2	By: Fletcher H.B. No. 1572
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Harris County Municipal
8	8	Utility District No. 457; providing authority to issue bonds;
9	9	providing authority to impose fees and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8439 to read as follows:
13	13	CHAPTER 8439. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 457
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8439.001. DEFINITION. In this chapter, "district"
16	16	means the Harris County Municipal Utility District No. 457.
17	17	Sec. 8439.002. NATURE AND PURPOSES OF DISTRICT. (a) The
18	18	district is a municipal utility district created under Section 59,
19	19	Article XVI, Texas Constitution.
20	20	(b) The district is created to accomplish the purposes of:
21	21	(1) a municipal utility district as provided by
22	22	general law and Section 59, Article XVI, Texas Constitution; and
23	23	(2) Section 52, Article III, Texas Constitution, that
24	24	relate to the construction, acquisition, improvement, operation,
25	25	or maintenance of macadamized, graveled, or paved roads, or
26	26	improvements, including storm drainage, in aid of those roads.
27	27	SUBCHAPTER B. POWERS AND DUTIES
28	28	Sec. 8439.051. GENERAL POWERS AND DUTIES. The district has
29	29	the powers and duties necessary to accomplish the purposes for
30	30	which the district is created.
31	31	Sec. 8439.052. MUNICIPAL UTILITY DISTRICT POWERS AND
32	32	DUTIES. The district has the powers and duties provided by the
33	33	general law of this state, including Chapters 49 and 54, Water Code,
34	34	applicable to municipal utility districts created under Section 59,
35	35	Article XVI, Texas Constitution.
36	36	Sec. 8439.053. AUTHORITY FOR ROAD PROJECTS. Under Section
37	37	52, Article III, Texas Constitution, the district may design,
38	38	acquire, construct, finance, issue bonds for, improve, operate,
39	39	maintain, and convey to this state, a county, or a municipality for
40	40	operation and maintenance macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8439.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
43	43	project must meet all applicable construction standards, zoning and
44	44	subdivision requirements, and regulations of each municipality in
45	45	whose corporate limits or extraterritorial jurisdiction the road
46	46	project is located.
47	47	(b) If a road project is not located in the corporate limits
48	48	or extraterritorial jurisdiction of a municipality, the road
49	49	project must meet all applicable construction standards,
50	50	subdivision requirements, and regulations of each county in which
51	51	the road project is located.
52	52	(c) If the state will maintain and operate the road, the
53	53	Texas Transportation Commission must approve the plans and
54	54	specifications of the road project.
55	55	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
56	56	Sec. 8439.101. AUTHORITY TO ISSUE BONDS AND OTHER
57	57	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
58	58	other obligations payable wholly or partly from ad valorem taxes,
59	59	impact fees, revenue, contract payments, grants, or other district
60	60	money, or any combination of those sources, to pay for a road
61	61	project authorized by Section 8439.053.
62	62	(b) The district may not issue bonds payable from ad valorem
63	63	taxes to finance a road project unless the issuance is approved by a
64	64	vote of a two-thirds majority of the district voters voting at an
65	65	election held for that purpose.
66	66	(c) At the time of issuance, the total principal amount of
67	67	bonds or other obligations issued or incurred to finance road
68	68	projects and payable from ad valorem taxes may not exceed
69	69	one-fourth of the assessed value of the real property in the
70	70	district.
71	71	Sec. 8439.102. TAXES FOR BONDS. At the time the district
72	72	issues bonds payable wholly or partly from ad valorem taxes, the
73	73	board shall provide for the annual imposition of a continuing
74	74	direct ad valorem tax, without limit as to rate or amount, while all
75	75	or part of the bonds are outstanding as required and in the manner
76	76	provided by Sections 54.601 and 54.602, Water Code.
77	77	SECTION 2. Harris County Municipal Utility District No. 457
78	78	retains all rights, powers, privileges, authorities, duties, and
79	79	functions that it had before the effective date of this Act.
80	80	SECTION 3. (a) The legislature validates and confirms all
81	81	governmental acts and proceedings of the Harris County Municipal
82	82	Utility District No. 457 that were taken before the effective date
83	83	of this Act.
84	84	(b) This section does not apply to any matter that on the
85	85	effective date of this Act:
86	86	(1) is involved in litigation if the litigation
87	87	ultimately results in the matter being held invalid by a final court
88	88	judgment; or
89	89	(2) has been held invalid by a final court judgment.
90	90	SECTION 4. (a) The legal notice of the intention to
91	91	introduce this Act, setting forth the general substance of this
92	92	Act, has been published as provided by law, and the notice and a
93	93	copy of this Act have been furnished to all persons, agencies,
94	94	officials, or entities to which they are required to be furnished
95	95	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	96	Government Code.
97	97	(b) The governor, one of the required recipients, has
98	98	submitted the notice and Act to the Texas Commission on
99	99	Environmental Quality.
100	100	(c) The Texas Commission on Environmental Quality has filed
101	101	its recommendations relating to this Act with the governor, the
102	102	lieutenant governor, and the speaker of the house of
103	103	representatives within the required time.
104	104	(d) All requirements of the constitution and laws of this
105	105	state and the rules and procedures of the legislature with respect
106	106	to the notice, introduction, and passage of this Act are fulfilled
107	107	and accomplished.
108	108	SECTION 5. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2013.