Texas 2013 - 83rd Regular

Texas Senate Bill SB1824 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hegar S.B. No. 1824
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers of the Fort Bend County Municipal Utility
7	7	District No. 188, including powers related to the construction,
8	8	operation, and financing of roads; providing authority to issue
9	9	bonds and impose a tax.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8470 to read as follows:
13	13	CHAPTER 8470. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 188
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8470.001. DEFINITION. In this chapter, "district"
16	16	means the Fort Bend County Municipal Utility District No. 188.
17	17	Sec. 8470.002. NATURE AND PURPOSES OF DISTRICT. (a) The
18	18	district is a municipal utility district created under Section 59,
19	19	Article XVI, Texas Constitution.
20	20	(b) The district is created to accomplish the purposes of:
21	21	(1) a municipal utility district as provided by
22	22	general law and Section 59, Article XVI, Texas Constitution; and
23	23	(2) Section 52, Article III, Texas Constitution, that
24	24	relate to the construction, acquisition, improvement, operation,
25	25	or maintenance of macadamized, graveled, or paved roads, or
26	26	improvements, including storm drainage, in aid of those roads.
27	27	SUBCHAPTER B. POWERS AND DUTIES
28	28	Sec. 8470.051. GENERAL POWERS AND DUTIES. The district has
29	29	the powers and duties necessary to accomplish the purposes for
30	30	which the district is created.
31	31	Sec. 8470.052. MUNICIPAL UTILITY DISTRICT POWERS AND
32	32	DUTIES. The district has the powers and duties provided by the
33	33	general law of this state, including Chapters 49 and 54, Water Code,
34	34	applicable to municipal utility districts created under Section 59,
35	35	Article XVI, Texas Constitution.
36	36	Sec. 8470.053. AUTHORITY FOR ROAD PROJECTS. Under Section
37	37	52, Article III, Texas Constitution, the district may design,
38	38	acquire, construct, finance, issue bonds for, improve, operate,
39	39	maintain, and convey to this state, a county, or a municipality for
40	40	operation and maintenance macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8470.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	43	road project must meet all applicable construction standards,
44	44	zoning and subdivision requirements, and regulations of each
45	45	municipality in whose corporate limits or extraterritorial
46	46	jurisdiction the road project is located.
47	47	(b) If a road project is not located in the corporate limits
48	48	or extraterritorial jurisdiction of a municipality, the road
49	49	project must meet all applicable construction standards,
50	50	subdivision requirements, and regulations of each county in which
51	51	the road project is located.
52	52	(c) If the state will maintain and operate the road, the
53	53	Texas Transportation Commission must approve the plans and
54	54	specifications of the road project.
55	55	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
56	56	Sec. 8470.101. AUTHORITY TO ISSUE BONDS AND OTHER
57	57	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
58	58	or other obligations payable wholly or partly from ad valorem
59	59	taxes, revenue, contract payments, grants, or other district money,
60	60	or any combination of those sources, to pay for a road project
61	61	authorized by Section 8470.053.
62	62	(b) The district may not issue bonds payable from ad valorem
63	63	taxes to finance a road project unless the issuance is approved by a
64	64	vote of a two-thirds majority of the district voters voting at an
65	65	election held for that purpose.
66	66	(c) At the time of issuance, the total principal amount of
67	67	bonds or other obligations issued or incurred to finance road
68	68	projects and payable from ad valorem taxes may not exceed
69	69	one-fourth of the assessed value of the real property in the
70	70	district.
71	71	Sec. 8470.102. TAXES FOR BONDS. At the time the district
72	72	issues bonds payable wholly or partly from ad valorem taxes, the
73	73	district board shall provide for the annual imposition of a
74	74	continuing direct ad valorem tax, without limit as to rate or
75	75	amount, while all or part of the bonds are outstanding.
76	76	SECTION 2. The Fort Bend County Municipal Utility District
77	77	No. 188 retains all rights, powers, privileges, authority, duties,
78	78	and functions that it had before the effective date of this Act.
79	79	SECTION 3. (a) The legal notice of the intention to
80	80	introduce this Act, setting forth the general substance of this
81	81	Act, has been published as provided by law, and the notice and a
82	82	copy of this Act have been furnished to all persons, agencies,
83	83	officials, or entities to which they are required to be furnished
84	84	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
85	85	Government Code.
86	86	(b) The governor, one of the required recipients, has
87	87	submitted the notice and Act to the Texas Commission on
88	88	Environmental Quality.
89	89	(c) The Texas Commission on Environmental Quality has filed
90	90	its recommendations relating to this Act with the governor, the
91	91	lieutenant governor, and the speaker of the house of
92	92	representatives within the required time.
93	93	(d) All requirements of the constitution and laws of this
94	94	state and the rules and procedures of the legislature with respect
95	95	to the notice, introduction, and passage of this Act are fulfilled
96	96	and accomplished.
97	97	SECTION 4. This Act takes effect September 1, 2013.