Texas 2013 - 83rd Regular

Texas House Bill HB1800 Compare Versions

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1	1	By: Huberty (Senate Sponsor - Whitmire) H.B. No. 1800
2	2	(In the Senate - Received from the House May 3, 2013;
3	3	May 6, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 14, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 14, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the powers and duties of the Harris County Municipal
11	11	Utility District No. 422; providing authority to issue bonds;
12	12	providing authority to impose fees and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8465 to read as follows:
16	16	CHAPTER 8465. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 422
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8465.001. DEFINITION. In this chapter, "district"
19	19	means the Harris County Municipal Utility District No. 422.
20	20	Sec. 8465.002. NATURE AND PURPOSES OF DISTRICT. (a) The
21	21	district is a municipal utility district created under Section 59,
22	22	Article XVI, Texas Constitution.
23	23	(b) The district is created to accomplish the purposes of:
24	24	(1) a municipal utility district as provided by
25	25	general law and Section 59, Article XVI, Texas Constitution; and
26	26	(2) Section 52, Article III, Texas Constitution, that
27	27	relate to the construction, acquisition, improvement, operation,
28	28	or maintenance of macadamized, graveled, or paved roads, or
29	29	improvements, including storm drainage, in aid of those roads.
30	30	SUBCHAPTER B. POWERS AND DUTIES
31	31	Sec. 8465.051. GENERAL POWERS AND DUTIES. The district has
32	32	the powers and duties necessary to accomplish the purposes for
33	33	which the district is created.
34	34	Sec. 8465.052. MUNICIPAL UTILITY DISTRICT POWERS AND
35	35	DUTIES. The district has the powers and duties provided by the
36	36	general law of this state, including Chapters 49 and 54, Water Code,
37	37	applicable to municipal utility districts created under Section 59,
38	38	Article XVI, Texas Constitution.
39	39	Sec. 8465.053. AUTHORITY FOR ROAD PROJECTS. Under Section
40	40	52, Article III, Texas Constitution, the district may design,
41	41	acquire, construct, finance, issue bonds for, improve, operate,
42	42	maintain, and convey to this state, a county, or a municipality for
43	43	operation and maintenance macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8465.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
46	46	project must meet all applicable construction standards, zoning and
47	47	subdivision requirements, and regulations of each municipality in
48	48	whose corporate limits or extraterritorial jurisdiction the road
49	49	project is located.
50	50	(b) If a road project is not located in the corporate limits
51	51	or extraterritorial jurisdiction of a municipality, the road
52	52	project must meet all applicable construction standards,
53	53	subdivision requirements, and regulations of each county in which
54	54	the road project is located.
55	55	(c) If the state will maintain and operate the road, the
56	56	Texas Transportation Commission must approve the plans and
57	57	specifications of the road project.
58	58	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
59	59	Sec. 8465.101. AUTHORITY TO ISSUE BONDS AND OTHER
60	60	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
61	61	other obligations payable wholly or partly from ad valorem taxes,
62	62	impact fees, revenue, contract payments, grants, or other district
63	63	money, or any combination of those sources, to pay for a road
64	64	project authorized by Section 8465.053.
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. 8465.102. TAXES FOR BONDS. At the time the district
75	75	issues bonds payable wholly or partly from ad valorem taxes, the
76	76	board 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 Harris County Municipal Utility District No.
81	81	422 retains all rights, powers, privileges, authorities, duties,
82	82	and functions that it had before the effective date of this Act.
83	83	SECTION 3. (a) The legislature validates and confirms all
84	84	governmental acts and proceedings of the Harris County Municipal
85	85	Utility District No. 422 that were taken before the effective date
86	86	of this Act.
87	87	(b) This section does not apply to any matter that on the
88	88	effective date of this Act:
89	89	(1) is involved in litigation if the litigation
90	90	ultimately results in the matter being held invalid by a final court
91	91	judgment; or
92	92	(2) has been held invalid by a final court judgment.
93	93	SECTION 4. (a) The legal notice of the intention to
94	94	introduce this Act, setting forth the general substance of this
95	95	Act, has been published as provided by law, and the notice and a
96	96	copy of this Act have been furnished to all persons, agencies,
97	97	officials, or entities to which they are required to be furnished
98	98	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
99	99	Government Code.
100	100	(b) The governor, one of the required recipients, has
101	101	submitted the notice and Act to the Texas Commission on
102	102	Environmental Quality.
103	103	(c) The Texas Commission on Environmental Quality has filed
104	104	its recommendations relating to this Act with the governor, the
105	105	lieutenant governor, and the speaker of the house of
106	106	representatives within the required time.
107	107	(d) All requirements of the constitution and laws of this
108	108	state and the rules and procedures of the legislature with respect
109	109	to the notice, introduction, and passage of this Act are fulfilled
110	110	and accomplished.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2013.
116	116	* * * * *