Texas 2013 - 83rd Regular

Texas Senate Bill SB1852 Compare Versions

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1	1	By: Paxton S.B. No. 1852
2	2	(Laubenberg)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Collin County Water Control
7	7	and Improvement District No. 3; providing authority to issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle I, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 9043 to read as follows:
11	11	CHAPTER 9043. COLLIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
12	12	NO. 3
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 9043.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "District" means the Collin County Water Control
17	17	and Improvement District No. 3.
18	18	Sec. 9043.002. NATURE AND PURPOSES OF DISTRICT. (a) The
19	19	district is a water control and improvement district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	(b) The district is created to accomplish the purposes of:
22	22	(1) a water control and improvement district as
23	23	provided by general law and Section 59, Article XVI, Texas
24	24	Constitution; and
25	25	(2) Section 52, Article III, Texas Constitution, that
26	26	relate to the construction, acquisition, improvement, operation,
27	27	or maintenance of macadamized, graveled, or paved roads, or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 9043.051. GENERAL POWERS AND DUTIES. The district has
31	31	the powers and duties necessary to accomplish the purposes for
32	32	which the district is created.
33	33	Sec. 9043.052. WATER CONTROL AND IMPROVEMENT DISTRICT
34	34	POWERS AND DUTIES. The district has the powers and duties provided
35	35	by the general law of this state, including Chapters 49 and 51,
36	36	Water Code, applicable to water control and improvement districts
37	37	created under Section 59, Article XVI, Texas Constitution.
38	38	Sec. 9043.053. AUTHORITY FOR ROAD PROJECTS. Under Section
39	39	52, Article III, Texas Constitution, the district may design,
40	40	acquire, construct, finance, issue bonds for, improve, operate,
41	41	maintain, and convey to this state, a county, or a municipality for
42	42	operation and maintenance macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 9043.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	45	road project must meet all applicable construction standards,
46	46	zoning and subdivision requirements, and regulations of each
47	47	municipality in whose corporate limits or extraterritorial
48	48	jurisdiction the road project is located.
49	49	(b) If a road project is not located in the corporate limits
50	50	or extraterritorial jurisdiction of a municipality, the road
51	51	project must meet all applicable construction standards,
52	52	subdivision requirements, and regulations of each county in which
53	53	the road project is located.
54	54	(c) If the state will maintain and operate the road, the
55	55	Texas Transportation Commission must approve the plans and
56	56	specifications of the road project.
57	57	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
58	58	Sec. 9043.101. AUTHORITY TO ISSUE BONDS AND OTHER
59	59	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
60	60	or other obligations payable wholly or partly from ad valorem
61	61	taxes, impact fees, revenue, contract payments, grants, or other
62	62	district money, or any combination of those sources, to pay for a
63	63	road project authorized by Section 9043.053.
64	64	(b) The district may not issue bonds payable from ad valorem
65	65	taxes to finance a road project unless the issuance is approved by a
66	66	vote of a two-thirds majority of the district voters voting at an
67	67	election held for that purpose.
68	68	(c) At the time of issuance, the total principal amount of
69	69	bonds or other obligations issued or incurred to finance road
70	70	projects and payable from ad valorem taxes may not exceed
71	71	one-fourth of the assessed value of real property in the district.
72	72	Sec. 9043.102. TAXES FOR BONDS. At the time the district
73	73	issues bonds payable wholly or partly from ad valorem taxes, the
74	74	board shall provide for the annual imposition of a continuing
75	75	direct ad valorem tax, without limit as to rate or amount, while all
76	76	or part of the bonds are outstanding.
77	77	SECTION 2. The Collin County Water Control and Improvement
78	78	District No. 3 retains all the rights, powers, privileges,
79	79	authority, duties, and functions that it had before the effective
80	80	date of this Act.
81	81	SECTION 3. (a) The legal notice of the intention to
82	82	introduce this Act, setting forth the general substance of this
83	83	Act, has been published as provided by law, and the notice and a
84	84	copy of this Act have been furnished to all persons, agencies,
85	85	officials, or entities to which they are required to be furnished
86	86	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
87	87	Government Code.
88	88	(b) The governor, one of the required recipients, has
89	89	submitted the notice and Act to the Texas Commission on
90	90	Environmental Quality.
91	91	(c) The Texas Commission on Environmental Quality has filed
92	92	its recommendations relating to this Act with the governor, the
93	93	lieutenant governor, and the speaker of the house of
94	94	representatives within the required time.
95	95	(d) All requirements of the constitution and laws of this
96	96	state and the rules and procedures of the legislature with respect
97	97	to the notice, introduction, and passage of this Act are fulfilled
98	98	and accomplished.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2013.