Texas 2013 - 83rd Regular

Texas House Bill HB3913 Compare Versions

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1	1	By: Parker (Senate Sponsor - Nelson) H.B. No. 3913
2	2	(In the Senate - Received from the House May 9, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 16, 2013, reported favorably by
5	5	the following vote: Yeas 4, Nays 0; May 16, 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 Canyon Falls Water Control
12	12	and Improvement District No. 2 of Denton County; providing
13	13	authority to issue bonds; providing authority to impose taxes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle I, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 9046 to read as follows:
17	17	CHAPTER 9046. CANYON FALLS WATER CONTROL AND IMPROVEMENT DISTRICT
18	18	NO. 2 OF DENTON COUNTY
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 9046.001. DEFINITION. In this chapter, "district"
21	21	means the Canyon Falls Water Control and Improvement District No. 2
22	22	of Denton County.
23	23	Sec. 9046.002. NATURE AND PURPOSES OF DISTRICT. (a) The
24	24	district is a water control and improvement district created under
25	25	Section 59, Article XVI, Texas Constitution.
26	26	(b) The district is created to accomplish the purposes of:
27	27	(1) a water control and improvement district as
28	28	provided by general law and Section 59, Article XVI, Texas
29	29	Constitution; and
30	30	(2) Section 52, Article III, Texas Constitution, that
31	31	relate to the construction, acquisition, improvement, operation,
32	32	or maintenance of macadamized, graveled, or paved roads, or
33	33	improvements, including storm drainage, in aid of those roads.
34	34	SUBCHAPTER B. POWERS AND DUTIES
35	35	Sec. 9046.051. GENERAL POWERS AND DUTIES. The district has
36	36	the powers and duties necessary to accomplish the purposes for
37	37	which the district is created.
38	38	Sec. 9046.052. WATER CONTROL AND IMPROVEMENT DISTRICT
39	39	POWERS AND DUTIES. The district has the powers and duties provided
40	40	by the general law of this state, including Chapters 49 and 51,
41	41	Water Code, applicable to water control and improvement districts
42	42	created under Section 59, Article XVI, Texas Constitution.
43	43	Sec. 9046.053. AUTHORITY FOR ROAD PROJECTS. Under Section
44	44	52, Article III, Texas Constitution, the district may design,
45	45	acquire, construct, finance, issue bonds for, improve, operate,
46	46	maintain, and convey to this state, a county, or a municipality for
47	47	operation and maintenance macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 9046.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
50	50	project must meet all applicable construction standards, zoning and
51	51	subdivision requirements, and regulations of each municipality in
52	52	whose corporate limits or extraterritorial jurisdiction the road
53	53	project is located.
54	54	(b) If a road project is not located in the corporate limits
55	55	or extraterritorial jurisdiction of a municipality, the road
56	56	project must meet all applicable construction standards,
57	57	subdivision requirements, and regulations of each county in which
58	58	the road project is located.
59	59	(c) If the state will maintain and operate the road, the
60	60	Texas Transportation Commission must approve the plans and
61	61	specifications of the road project.
62	62	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
63	63	Sec. 9046.101. AUTHORITY TO ISSUE BONDS AND OTHER
64	64	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
65	65	other obligations payable wholly or partly from ad valorem taxes,
66	66	impact fees, revenue, contract payments, grants, or other district
67	67	money, or any combination of those sources, to pay for a road
68	68	project authorized by Section 9046.053.
69	69	(b) The district may not issue bonds payable from ad valorem
70	70	taxes to finance a road project unless the issuance is approved by a
71	71	vote of a two-thirds majority of the district voters voting at an
72	72	election held for that purpose.
73	73	(c) At the time of issuance, the total principal amount of
74	74	bonds or other obligations issued or incurred to finance road
75	75	projects and payable from ad valorem taxes may not exceed
76	76	one-fourth of the assessed value of real property in the district.
77	77	Sec. 9046.102. TAXES FOR BONDS. At the time the district
78	78	issues bonds payable wholly or partly from ad valorem taxes, the
79	79	board shall provide for the annual imposition of a continuing
80	80	direct ad valorem tax, without limit as to rate or amount, while all
81	81	or part of the bonds are outstanding.
82	82	SECTION 2. The Canyon Falls Water Control and Improvement
83	83	District No. 2 of Denton County retains all the rights, powers,
84	84	privileges, authority, duties, and functions that it had before the
85	85	effective date of this Act.
86	86	SECTION 3. (a) The legal notice of the intention to
87	87	introduce this Act, setting forth the general substance of this
88	88	Act, has been published as provided by law, and the notice and a
89	89	copy of this Act have been furnished to all persons, agencies,
90	90	officials, or entities to which they are required to be furnished
91	91	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
92	92	Government Code.
93	93	(b) The governor, one of the required recipients, has
94	94	submitted the notice and Act to the Texas Commission on
95	95	Environmental Quality.
96	96	(c) The Texas Commission on Environmental Quality has filed
97	97	its recommendations relating to this Act with the governor, the
98	98	lieutenant governor, and the speaker of the house of
99	99	representatives within the required time.
100	100	(d) All requirements of the constitution and laws of this
101	101	state and the rules and procedures of the legislature with respect
102	102	to the notice, introduction, and passage of this Act are fulfilled
103	103	and accomplished.
104	104	SECTION 4. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2013.
109	109	* * * * *