Texas 2013 - 83rd Regular

Texas House Bill HB1941 Compare Versions

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1	1	83R16022 RWG-F
2	2	By: Thompson of Brazoria H.B. No. 1941
3	3	Substitute the following for H.B. No. 1941:
4	4	By: Thompson of Brazoria C.S.H.B. No. 1941
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the powers and duties of the Brazoria County Municipal
9	9	Utility District No. 40; providing authority to issue bonds;
10	10	providing authority to impose fees or taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8450 to read as follows:
14	14	CHAPTER 8450. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8450.001. DEFINITION. In this chapter, "district"
17	17	means the Brazoria County Municipal Utility District No. 40.
18	18	Sec. 8450.002. NATURE AND PURPOSES OF DISTRICT. (a) The
19	19	district is a municipal utility district created under Section 59,
20	20	Article XVI, Texas Constitution.
21	21	(b) The district is created to accomplish the purposes of:
22	22	(1) a municipal utility district as provided by
23	23	general law and Section 59, Article XVI, Texas Constitution; and
24	24	(2) Section 52, Article III, Texas Constitution, that
25	25	relate to the construction, acquisition, improvement, operation,
26	26	or maintenance of macadamized, graveled, or paved roads, or
27	27	improvements, including storm drainage, in aid of those roads.
28	28	SUBCHAPTER B. POWERS AND DUTIES
29	29	Sec. 8450.051. GENERAL POWERS AND DUTIES. The district has
30	30	the powers and duties necessary to accomplish the purposes for
31	31	which the district is created.
32	32	Sec. 8450.052. MUNICIPAL UTILITY DISTRICT POWERS AND
33	33	DUTIES. The district has the powers and duties provided by the
34	34	general law of this state, including Chapters 49 and 54, Water Code,
35	35	applicable to municipal utility districts created under Section 59,
36	36	Article XVI, Texas Constitution.
37	37	Sec. 8450.053. AUTHORITY FOR ROAD PROJECTS. Under Section
38	38	52, Article III, Texas Constitution, the district may design,
39	39	acquire, construct, finance, issue bonds for, improve, operate,
40	40	maintain, and convey to this state, a county, or a municipality for
41	41	operation and maintenance macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8450.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
44	44	project must meet all applicable construction standards, zoning and
45	45	subdivision requirements, and regulations of each municipality in
46	46	whose corporate limits or extraterritorial jurisdiction the road
47	47	project is located.
48	48	(b) If a road project is not located in the corporate limits
49	49	or extraterritorial jurisdiction of a municipality, the road
50	50	project must meet all applicable construction standards,
51	51	subdivision requirements, and regulations of each county in which
52	52	the road project is located.
53	53	(c) If the state will maintain and operate the road, the
54	54	Texas Transportation Commission must approve the plans and
55	55	specifications of the road project.
56	56	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
57	57	Sec. 8450.101. AUTHORITY TO ISSUE BONDS AND OTHER
58	58	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
59	59	other obligations payable wholly or partly from ad valorem taxes,
60	60	impact fees, revenue, contract payments, grants, or other district
61	61	money, or any combination of those sources, to pay for a road
62	62	project authorized by Section 8450.053.
63	63	(b) The district may not issue bonds payable from ad valorem
64	64	taxes to finance a road project unless the issuance is approved by a
65	65	vote of a two-thirds majority of the district voters voting at an
66	66	election held for that purpose.
67	67	(c) At the time of issuance, the total principal amount of
68	68	bonds or other obligations issued or incurred to finance road
69	69	projects and payable from ad valorem taxes may not exceed
70	70	one-fourth of the assessed value of the real property in the
71	71	district.
72	72	Sec. 8450.102. TAXES FOR BONDS. At the time the district
73	73	issues bonds payable wholly or partly from ad valorem taxes, the
74	74	board shall provide for the annual imposition of a continuing
75	75	direct ad valorem tax, without limit as to rate or amount, while all
76	76	or part of the bonds are outstanding as required and in the manner
77	77	provided by Sections 54.601 and 54.602, Water Code.
78	78	SECTION 2. The Brazoria County Municipal Utility District
79	79	No. 40 retains all rights, powers, privileges, authorities, duties,
80	80	and functions that it had before the effective date of this Act.
81	81	SECTION 3. (a) The legislature validates and confirms all
82	82	governmental acts and proceedings of the Brazoria County Municipal
83	83	Utility District No. 40 that were taken before the effective date of
84	84	this Act.
85	85	(b) This section does not apply to any matter that on the
86	86	effective date of this Act:
87	87	(1) is involved in litigation if the litigation
88	88	ultimately results in the matter being held invalid by a final court
89	89	judgment; or
90	90	(2) has been held invalid by a final court judgment.
91	91	SECTION 4. (a) The legal notice of the intention to
92	92	introduce this Act, setting forth the general substance of this
93	93	Act, has been published as provided by law, and the notice and a
94	94	copy of this Act have been furnished to all persons, agencies,
95	95	officials, or entities to which they are required to be furnished
96	96	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
97	97	Government Code.
98	98	(b) The governor, one of the required recipients, has
99	99	submitted the notice and Act to the Texas Commission on
100	100	Environmental Quality.
101	101	(c) The Texas Commission on Environmental Quality has filed
102	102	its recommendations relating to this Act with the governor, the
103	103	lieutenant governor, and the speaker of the house of
104	104	representatives within the required time.
105	105	(d) All requirements of the constitution and laws of this
106	106	state and the rules and procedures of the legislature with respect
107	107	to the notice, introduction, and passage of this Act are fulfilled
108	108	and accomplished.
109	109	SECTION 5. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2013.