Texas 2013 - 83rd Regular

Texas House Bill HB3895 Compare Versions

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1	1	By: Toth (Senate Sponsor - Williams) H.B. No. 3895
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 name of The Woodlands Road Utility District No. 1,
12	12	of Montgomery County, Texas, and to the administration, powers, and
13	13	duties of the district.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 1(a), Chapter 816, Acts of the 72nd
16	16	Legislature, Regular Session, 1991, is amended to read as follows:
17	17	(a) Pursuant to Article III, Section 52, of the Texas
18	18	Constitution, a road utility district is created in Montgomery
19	19	County, subject to approval at a confirmation election under
20	20	Section 9 of this Act, to be known as "The Woodlands Road Utility
21	21	District No. 1[, of Montgomery County, Texas]," which shall be a
22	22	governmental agency and a body politic and corporate.
23	23	SECTION 2. Section 2(3), Chapter 816, Acts of the 72nd
24	24	Legislature, Regular Session, 1991, is amended to read as follows:
25	25	(3) "District" means the The Woodlands Road Utility
26	26	District No. 1[, of Montgomery County, Texas].
27	27	SECTION 3. Sections 6(a) and (b), Chapter 816, Acts of the
28	28	72nd Legislature, Regular Session, 1991, are amended to read as
29	29	follows:
30	30	(a) The district has all of the rights, powers, privileges,
31	31	authority, duties, and functions conferred by the general law of
32	32	this state applicable to road utility districts created under
33	33	Article III, Section 52, of the Texas Constitution, including
34	34	Chapter 441, Transportation Code [13, Acts of the 68th Legislature,
35	35	2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil
36	36	Statutes)], to the extent those provisions can be made applicable.
37	37	If any provision of general law is in conflict or inconsistent with
38	38	this Act, this Act prevails. A provision of Chapter 441,
39	39	Transportation Code, granting the Texas Transportation Commission
40	40	jurisdiction over road utility district activities or projects does
41	41	not apply to the district.
42	42	(b) In addition to the rights, powers, privileges,
43	43	authority, and functions provided by Subsection (a) of this
44	44	section, the district may:
45	45	(1) add or exclude territory in the manner provided by
46	46	Subchapter H, Chapter 54, Water Code, and may define the boundaries
47	47	of the district by:
48	48	(A) metes and bounds;
49	49	(B) reference to property descriptions in
50	50	documents filed for record in the real property records of the
51	51	county or counties in which the district is located; or
52	52	(C) a combination of the methods described in
53	53	Paragraphs (A) and (B);
54	54	(2) contract with any person for the payment,
55	55	repayment, or reimbursement, out of bond proceeds or any other
56	56	specified source of funds, of any costs and reasonable carrying
57	57	costs incurred by that person for or on behalf of the district,
58	58	including the costs of constructing, acquiring, or improving a
59	59	district facility, notwithstanding that the facility may have been
60	60	conveyed to and accepted by the appropriate governmental entity
61	61	prior to the payment, repayment, or reimbursement;
62	62	(3) make application for and contract with any person
63	63	or entity to: receive, administer, and perform the district's
64	64	duties and obligations under any federal, state, local, or private
65	65	gift, grant, loan, conveyance, transfer, bequest, donation, or
66	66	other financial assistance arrangement relating to the
67	67	investigation, planning, analysis, study, design, acquisition,
68	68	construction, improvement, completion, implementation, or
69	69	operation by the district or others of a proposed or existing
70	70	district facility or other roadway, water borne, pedestrian
71	71	movement, or public transportation or conveyance system, facility,
72	72	or improvement contemplated or described by Article III, Section
73	73	52(b), of the Texas Constitution; and
74	74	(4) provide or secure the payment or repayment of the
75	75	district's costs or share of the costs by or through a contract or
76	76	agreement with any person, or the issuance of district bonds, the
77	77	levy of a maintenance tax, or the assessment of fees, in the manner
78	78	provided by general law.
79	79	SECTION 4. Chapter 816, Acts of the 72nd Legislature,
80	80	Regular Session, 1991, is amended by adding Section 6A to read as
81	81	follows:
82	82	Sec. 6A. ELIGIBILITY REQUIREMENTS FOR ELECTION JUDGES AND
83	83	CLERKS. Notwithstanding the requirements of Section 32.051,
84	84	Election Code, to be eligible to serve as a judge or clerk for a
85	85	district election, a person must be a qualified voter of either
86	86	Harris County or Montgomery County.
87	87	SECTION 5. Section 7, Chapter 816, Acts of the 72nd
88	88	Legislature, Regular Session, 1991, is amended by amending
89	89	Subsection (a) and adding Subsections (d) and (e) to read as
90	90	follows:
91	91	(a) Except as provided by Section 7A, the [The] district is
92	92	governed by a board of five directors.
93	93	(d) A majority of all directors, including vacant director
94	94	positions and absent directors, constitutes a quorum.
95	95	(e) A majority vote of all directors, including vacant
96	96	director positions and absent directors, is necessary to adopt any
97	97	motion or measure.
98	98	SECTION 6. Chapter 816, Acts of the 72nd Legislature,
99	99	Regular Session, 1991, is amended by adding Section 7A to read as
100	100	follows:
101	101	Sec. 7A. APPOINTED DIRECTORS. (a) The board, on its own
102	102	motion and by written resolution, may from time to time increase the
103	103	number of directors on the board to include a director appointed by
104	104	each governing body of one or more political subdivisions, other
105	105	than a school district or municipality, the boundaries of which
106	106	overlap more than 90 percent of the territory of the district.
107	107	(b) Notwithstanding any other law, or a common law or
108	108	judicial doctrine to the contrary, a political subdivision
109	109	described by Subsection (a) may appoint to the board a member of the
110	110	governing body of or an employee of that political subdivision. A
111	111	director described by this subsection shall serve without
112	112	compensation from the district and shall take and perform the
113	113	constitutional oath of office as a director of the district.
114	114	SECTION 7. Section 11(b), Chapter 816, Acts of the 72nd
115	115	Legislature, Regular Session, 1991, is amended to read as follows:
116	116	(b) If at any time there are fewer than the number of [three]
117	117	directors on the board necessary to constitute a quorum, the
118	118	commission shall, on petition of a person who owns land included in
119	119	the district, fill each vacancy for the unexpired term.
120	120	SECTION 8. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2013.
125	125	* * * * *