83R21977 SLB-F
By: Pitts H.B. No. 3877
Substitute the following for H.B. No. 3877:
By: Thompson of Brazoria C.S.H.B. No. 3877
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Ellis County Municipal
Utility District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8467 to read as follows:
CHAPTER 8467. ELLIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8467.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Ellis County Municipal
Utility District No. 1.
Sec. 8467.002. NATURE OF DISTRICT. The district is a
municipal utility district created under and essential to
accomplish the purposes of Section 52, Article III, and Section 59,
Article XVI, Texas Constitution.
Sec. 8467.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
All land and other property in the district will benefit from the
improvements and services to be provided by the district.
(b) The district is created to accomplish the purposes of
Section 52, Article III, Texas Constitution, that relate to the
construction, acquisition, improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads.
Sec. 8467.004. ANNEXATION BY MUNICIPALITY. Notwithstanding
any other law, on the written consent of the landowners and the
district, a municipality in whose extraterritorial jurisdiction
the district is located may annex a portion of the district. The
district is not dissolved as a result of an annexation under this
section.
Sec. 8467.005. LIMITED-PURPOSE ANNEXATION BY A
MUNICIPALITY. (a) Notwithstanding any other law, the governing
body of a municipality in whose extraterritorial jurisdiction the
district is located may:
(1) enter into a strategic partnership agreement with
the district; and
(2) annex all or a portion of the district for limited
purposes under Section 43.0751, Local Government Code.
(b) An individual residing in the district is considered an
inhabitant of a municipality for the purposes of determining the
population of the municipality under Section 5, Article XI, Texas
Constitution.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8467.051. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8467.052. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the territory of the district as it existed on the date the
district was created.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(f) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g) Any new district created by the division of the district
shall hold a confirmation and directors' election as provided by
Section 49.102, Water Code.
(h) Municipal consent to the creation of the district and to
the inclusion of land in the district acts as municipal consent to
the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 8467.053. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may acquire,
construct, improve, operate, or maintain macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads or
turnpikes inside the district.
Sec. 8467.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits the district is located.
(b) If a district is not located in the corporate limits of a
municipality and is not subject to a development agreement with a
municipality, a road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations of
each county in which the district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by resolution.
Sec. 8467.055. COMPLIANCE WITH MUNICIPAL CONSENT
RESOLUTIONS. The district shall comply with all applicable
requirements of any resolution, adopted by the governing body of a
municipality, that consented to the creation of the district or to
the inclusion of land in the district.
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 8467.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The
district may impose a tax to pay the principal of or interest on
bonds issued under Section 8467.151.
SUBCHAPTER D. BONDS
Sec. 8467.151. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
other obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Section 8467.053.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8467.053 unless the issuance is approved by a
vote of a two-thirds majority of the voters in the district or of
the defined areas to be benefited by the project as provided by
Subchapter J, Chapter 54, Water Code, voting at an election called
for that purpose. The simple majority vote approval required by
Section 54.808(a), Water Code, does not apply to an election under
this subsection.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8467.053 may not exceed one-fourth
of the assessed value of the real property in the district or the
defined area as provided by Subchapter J, Chapter 54, Water Code.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.