83R8066 SGA-F
By: Zerwas H.B. No. 3888
A BILL TO BE ENTITLED
relating to the powers of the Fort Bend County Municipal Utility
District No. 188, including powers related to the construction,
operation, and financing of roads; providing authority to issue
bonds and impose a tax.
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 8470 to read as follows:
CHAPTER 8470. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 188
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8470.001. DEFINITION. In this chapter, "district"
means the Fort Bend County Municipal Utility District No. 188.
Sec. 8470.002. NATURE OF DISTRICT. The district is a
municipal utility district in Fort Bend County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8470.003. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, the following laws apply to the
district:
(1) Chapters 49 and 54, Water Code, including
Subchapter J, Chapter 54, Water Code; and
(2) Section 52(b)(3), Article III, Texas
Constitution.
SUBCHAPTER B. ADDITIONAL POWERS AND DUTIES
Sec. 8470.051. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8470.052. 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 or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8470.053. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the
governing body of the municipality that consents to the creation of
the district or to the inclusion of land in the district.
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 8470.101. 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 8470.151.
SUBCHAPTER D. BONDS
Sec. 8470.151. AUTHORITY TO ISSUE BONDS 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 8470.051.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8470.051 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district or of
the defined area 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 8470.051 may not exceed one-fourth
of the assessed value of the real property in the district or the
defined area, if applicable.
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 September 1, 2013.