Texas 2013 - 83rd Regular

Texas House Bill HB1942 Compare Versions

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1	1	83R15768 SLB-D
2	2	By: Thompson of Brazoria H.B. No. 1942
3	3	Substitute the following for H.B. No. 1942:
4	4	By: Thompson of Brazoria C.S.H.B. No. 1942
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. 39; 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 8429 to read as follows:
14	14	CHAPTER 8429. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 39
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8429.001. DEFINITION. In this chapter, "district"
17	17	means the Brazoria County Municipal Utility District No. 39.
18	18	Sec. 8429.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8429.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
22	22	The district is created to serve a public purpose and benefit.
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. 8429.051. 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. 8429.052. 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. 8429.053. 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. 8429.054. 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. 8429.101. 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 8429.053.
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 real property in the district.
73	73	Sec. 8429.102. TAXES FOR BONDS. At the time the district
74	74	issues bonds payable wholly or partly from ad valorem taxes, the
75	75	board shall provide for the annual imposition of a continuing
76	76	direct ad valorem tax, without limit as to rate or amount, while all
77	77	or part of the bonds are outstanding as required and in the manner
78	78	provided by Sections 54.601 and 54.602, Water Code.
79	79	SECTION 2. The Brazoria County Municipal Utility District
80	80	No. 39 retains all the rights, powers, privileges, authority,
81	81	duties, and functions that it had before the effective date of this
82	82	Act.
83	83	SECTION 3. (a) The legislature validates and confirms all
84	84	acts and proceedings of the board of directors of the Brazoria
85	85	County Municipal Utility District No. 39 that were taken before the
86	86	effective date of this Act.
87	87	(b) Subsection (a) of this section does not apply to any
88	88	matter that on the 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
91	91	judgment of a court; or
92	92	(2) has been held invalid by a final judgment of a
93	93	court.
94	94	SECTION 4. (a) The legal notice of the intention to
95	95	introduce this Act, setting forth the general substance of this
96	96	Act, has been published as provided by law, and the notice and a
97	97	copy of this Act have been furnished to all persons, agencies,
98	98	officials, or entities to which they are required to be furnished
99	99	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
100	100	Government Code.
101	101	(b) The governor, one of the required recipients, has
102	102	submitted the notice and Act to the Texas Commission on
103	103	Environmental Quality.
104	104	(c) The Texas Commission on Environmental Quality has filed
105	105	its recommendations relating to this Act with the governor, the
106	106	lieutenant governor, and the speaker of the house of
107	107	representatives within the required time.
108	108	(d) All requirements of the constitution and laws of this
109	109	state and the rules and procedures of the legislature with respect
110	110	to the notice, introduction, and passage of this Act are fulfilled
111	111	and accomplished.
112	112	SECTION 5. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2013.