Texas 2013 - 83rd Regular

Texas House Bill HB3877 Compare Versions

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1	1	By: Pitts (Senate Sponsor - Birdwell) H.B. No. 3877
2	2	(In the Senate - Received from the House May 14, 2013;
3	3	May 14, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 17, 2013, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 17, 2013, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the powers and duties of the Ellis County Municipal
12	12	Utility District No. 1; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8467 to read as follows:
18	18	CHAPTER 8467. ELLIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8467.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Director" means a board member.
23	23	(3) "District" means the Ellis County Municipal
24	24	Utility District No. 1.
25	25	Sec. 8467.002. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under and essential to
27	27	accomplish the purposes of Section 52, Article III, and Section 59,
28	28	Article XVI, Texas Constitution.
29	29	Sec. 8467.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
30	30	All land and other property in the district will benefit from the
31	31	improvements and services to be provided by the district.
32	32	(b) The district is created to accomplish the purposes of
33	33	Section 52, Article III, Texas Constitution, that relate to the
34	34	construction, acquisition, improvement, operation, or maintenance
35	35	of macadamized, graveled, or paved roads, or improvements,
36	36	including storm drainage, in aid of those roads.
37	37	Sec. 8467.004. ANNEXATION BY MUNICIPALITY. Notwithstanding
38	38	any other law, on the written consent of the landowners and the
39	39	district, a municipality in whose extraterritorial jurisdiction
40	40	the district is located may annex a portion of the district. The
41	41	district is not dissolved as a result of an annexation under this
42	42	section.
43	43	Sec. 8467.005. LIMITED-PURPOSE ANNEXATION BY A
44	44	MUNICIPALITY. (a) Notwithstanding any other law, the governing
45	45	body of a municipality in whose extraterritorial jurisdiction the
46	46	district is located may:
47	47	(1) enter into a strategic partnership agreement with
48	48	the district; and
49	49	(2) annex all or a portion of the district for limited
50	50	purposes under Section 43.0751, Local Government Code.
51	51	(b) An individual residing in the district is considered an
52	52	inhabitant of a municipality for the purposes of determining the
53	53	population of the municipality under Section 5, Article XI, Texas
54	54	Constitution.
55	55	SUBCHAPTER B. POWERS AND DUTIES
56	56	Sec. 8467.051. MUNICIPAL UTILITY DISTRICT POWERS AND
57	57	DUTIES. The district has the powers and duties provided by the
58	58	general law of this state, including Chapters 49 and 54, Water Code,
59	59	applicable to municipal utility districts created under Section 59,
60	60	Article XVI, Texas Constitution.
61	61	Sec. 8467.052. DIVISION OF DISTRICT. (a) The district may
62	62	be divided into two or more new districts only if the district:
63	63	(1) has no outstanding bonded debt; and
64	64	(2) is not imposing ad valorem taxes.
65	65	(b) This chapter applies to any new district created by the
66	66	division of the district, and a new district has all the powers and
67	67	duties of the district.
68	68	(c) Any new district created by the division of the district
69	69	may not, at the time the new district is created, contain any land
70	70	outside the territory of the district as it existed on the date the
71	71	district was created.
72	72	(d) The board, on its own motion or on receipt of a petition
73	73	signed by the owner or owners of a majority of the assessed value of
74	74	the real property in the district, may adopt an order dividing the
75	75	district.
76	76	(e) An order dividing the district must:
77	77	(1) name each new district;
78	78	(2) include the metes and bounds description of the
79	79	territory of each new district;
80	80	(3) appoint temporary directors for each new district;
81	81	and
82	82	(4) provide for the division of assets and liabilities
83	83	between or among the new districts.
84	84	(f) On or before the 30th day after the date of adoption of
85	85	an order dividing the district, the district shall file the order
86	86	with the Texas Commission on Environmental Quality and record the
87	87	order in the real property records of each county in which the
88	88	district is located.
89	89	(g) Any new district created by the division of the district
90	90	shall hold a confirmation and directors' election as provided by
91	91	Section 49.102, Water Code.
92	92	(h) Municipal consent to the creation of the district and to
93	93	the inclusion of land in the district acts as municipal consent to
94	94	the creation of any new district created by the division of the
95	95	district and to the inclusion of land in the new district.
96	96	(i) Any new district created by the division of the district
97	97	must hold an election as required by this chapter to obtain voter
98	98	approval before the district may impose a maintenance tax or issue
99	99	bonds payable wholly or partly from ad valorem taxes.
100	100	Sec. 8467.053. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may acquire,
102	102	construct, improve, operate, or maintain macadamized, graveled, or
103	103	paved roads or turnpikes, or improvements in aid of those roads or
104	104	turnpikes inside the district.
105	105	Sec. 8467.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits the district is located.
109	109	(b) If a district is not located in the corporate limits of a
110	110	municipality and is not subject to a development agreement with a
111	111	municipality, a road project must meet all applicable construction
112	112	standards, zoning and subdivision requirements, and regulations of
113	113	each county in which the district is located.
114	114	(c) The district may not undertake a road project unless
115	115	each municipality in whose corporate limits or extraterritorial
116	116	jurisdiction the district is located consents by resolution.
117	117	Sec. 8467.055. COMPLIANCE WITH MUNICIPAL CONSENT
118	118	RESOLUTIONS. The district shall comply with all applicable
119	119	requirements of any resolution, adopted by the governing body of a
120	120	municipality, that consented to the creation of the district or to
121	121	the inclusion of land in the district.
122	122	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
123	123	Sec. 8467.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The
124	124	district may impose a tax to pay the principal of or interest on
125	125	bonds issued under Section 8467.151.
126	126	SUBCHAPTER D. BONDS
127	127	Sec. 8467.151. AUTHORITY TO ISSUE BONDS AND OTHER
128	128	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
129	129	other obligations as provided by Chapters 49 and 54, Water Code, to
130	130	finance the construction, maintenance, or operation of projects
131	131	under Section 8467.053.
132	132	(b) The district may not issue bonds or other obligations
133	133	secured wholly or partly by ad valorem taxation to finance projects
134	134	authorized by Section 8467.053 unless the issuance is approved by a
135	135	vote of a two-thirds majority of the voters in the district or of
136	136	the defined areas to be benefited by the project as provided by
137	137	Subchapter J, Chapter 54, Water Code, voting at an election called
138	138	for that purpose. The simple majority vote approval required by
139	139	Section 54.808(a), Water Code, does not apply to an election under
140	140	this subsection.
141	141	(c) Bonds or other obligations issued or incurred to finance
142	142	projects authorized by Section 8467.053 may not exceed one-fourth
143	143	of the assessed value of the real property in the district or the
144	144	defined area as provided by Subchapter J, Chapter 54, Water Code.
145	145	SECTION 2. (a) The legal notice of the intention to
146	146	introduce this Act, setting forth the general substance of this
147	147	Act, has been published as provided by law, and the notice and a
148	148	copy of this Act have been furnished to all persons, agencies,
149	149	officials, or entities to which they are required to be furnished
150	150	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
151	151	Government Code.
152	152	(b) The governor, one of the required recipients, has
153	153	submitted the notice and Act to the Texas Commission on
154	154	Environmental Quality.
155	155	(c) The Texas Commission on Environmental Quality has filed
156	156	its recommendations relating to this Act with the governor, the
157	157	lieutenant governor, and the speaker of the house of
158	158	representatives within the required time.
159	159	(d) All requirements of the constitution and laws of this
160	160	state and the rules and procedures of the legislature with respect
161	161	to the notice, introduction, and passage of this Act are fulfilled
162	162	and accomplished.
163	163	SECTION 3. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2013.
168	168	* * * * *