| 1 | 1 | | By: Hegar S.B. No. 1854 |
|---|
| 2 | 2 | | (Miller of Fort Bend) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain project powers and duties of the Fort Bend |
|---|
| 8 | 8 | | County Levee Improvement District No. 7; providing authority to |
|---|
| 9 | 9 | | impose a tax and issue bonds. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subtitle E, Title 6, Special District Local Laws |
|---|
| 12 | 12 | | Code, is amended by adding Chapter 7808 to read as follows: |
|---|
| 13 | 13 | | CHAPTER 7808. FORT BEND COUNTY LEVEE IMPROVEMENT DISTRICT NO. 7 |
|---|
| 14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
|---|
| 15 | 15 | | Sec. 7808.001. DEFINITIONS. In this chapter: |
|---|
| 16 | 16 | | (1) "Board" means the board of directors of the |
|---|
| 17 | 17 | | district. |
|---|
| 18 | 18 | | (2) "District" means the Fort Bend County Levee |
|---|
| 19 | 19 | | Improvement District No. 7. |
|---|
| 20 | 20 | | (3) "Project" means a facility, improvement, |
|---|
| 21 | 21 | | appliance, appurtenance, land, interest in property, participation |
|---|
| 22 | 22 | | right, contract right, practice, technique, or technology that: |
|---|
| 23 | 23 | | (A) facilitates the recycling and reuse of water, |
|---|
| 24 | 24 | | wastewater effluent, or other water or wastewater by-product; and |
|---|
| 25 | 25 | | (B) results in additional water supplies for |
|---|
| 26 | 26 | | future or alternative uses. |
|---|
| 27 | 27 | | SUBCHAPTER B. PROJECT POWERS AND DUTIES |
|---|
| 28 | 28 | | Sec. 7808.151. ACQUISITION OF PROJECT. The district may |
|---|
| 29 | 29 | | acquire a project, including by purchase or lease. |
|---|
| 30 | 30 | | Sec. 7808.152. CONSTRUCTION, MAINTENANCE, AND OPERATION OF |
|---|
| 31 | 31 | | PROJECT. The district may construct, rehabilitate, repair, |
|---|
| 32 | 32 | | improve, enlarge, operate, and maintain a project. |
|---|
| 33 | 33 | | Sec. 7808.153. DELIVERY METHOD. The district may use |
|---|
| 34 | 34 | | alternative delivery methods under Chapter 2267, Government Code, |
|---|
| 35 | 35 | | as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, |
|---|
| 36 | 36 | | Regular Session, 2011, for a project, in addition to any method |
|---|
| 37 | 37 | | provided by Chapters 49 and 57, Water Code. |
|---|
| 38 | 38 | | Sec. 7808.154. CONVEYANCE OF PROJECT. If the board |
|---|
| 39 | 39 | | considers the terms appropriate and favorable to the district, the |
|---|
| 40 | 40 | | district may convey a project to a: |
|---|
| 41 | 41 | | (1) municipality in whose extraterritorial |
|---|
| 42 | 42 | | jurisdiction all or part of the district is located; or |
|---|
| 43 | 43 | | (2) political subdivision located wholly or partly in |
|---|
| 44 | 44 | | the district. |
|---|
| 45 | 45 | | Sec. 7808.155. USE OF PROJECT WATER. If the board considers |
|---|
| 46 | 46 | | the terms appropriate and favorable to the district, the district |
|---|
| 47 | 47 | | may: |
|---|
| 48 | 48 | | (1) use the water from a project; or |
|---|
| 49 | 49 | | (2) sell or otherwise provide the water to: |
|---|
| 50 | 50 | | (A) a homeowners' or property owners' association |
|---|
| 51 | 51 | | located in the district; or |
|---|
| 52 | 52 | | (B) with the prior consent of a municipality |
|---|
| 53 | 53 | | described by Section 7808.154(1), any person located in the |
|---|
| 54 | 54 | | extraterritorial jurisdiction of that municipality, including a |
|---|
| 55 | 55 | | political subdivision, private entity, and individual. |
|---|
| 56 | 56 | | Sec. 7808.156. PROJECT FINANCING. The district may finance |
|---|
| 57 | 57 | | a project with property taxes, mandatory fees, or voluntary |
|---|
| 58 | 58 | | contributions. |
|---|
| 59 | 59 | | Sec. 7808.157. PROJECT BONDS. The district may issue bonds |
|---|
| 60 | 60 | | or other obligations for a project in the manner provided by |
|---|
| 61 | 61 | | Subchapter G, Chapter 57, Water Code. |
|---|
| 62 | 62 | | Sec. 7808.158. JOINT PROJECT. The district may act jointly |
|---|
| 63 | 63 | | in regard to a project under an agreement or contract with any |
|---|
| 64 | 64 | | person, including a political subdivision, private entity, or |
|---|
| 65 | 65 | | individual. |
|---|
| 66 | 66 | | Sec. 7808.159. MUNICIPAL APPROVAL. (a) The plans and |
|---|
| 67 | 67 | | specifications for the construction or modification of a project |
|---|
| 68 | 68 | | are subject to: |
|---|
| 69 | 69 | | (1) the review and approval of any municipality in |
|---|
| 70 | 70 | | whose extraterritorial jurisdiction all or part of the district is |
|---|
| 71 | 71 | | located; and |
|---|
| 72 | 72 | | (2) any ordinance, regulation, or standard criteria a |
|---|
| 73 | 73 | | municipality described by Subdivision (1) may adopt relating to the |
|---|
| 74 | 74 | | construction or operation of similar projects in its corporate |
|---|
| 75 | 75 | | limits or extraterritorial jurisdiction. |
|---|
| 76 | 76 | | (b) The approval required by Subsection (a) must be in the |
|---|
| 77 | 77 | | form of an ordinance or resolution adopted by the governing body of |
|---|
| 78 | 78 | | the municipality. Approval for subsequent modifications, |
|---|
| 79 | 79 | | extensions, or repairs of a project may be given in the manner the |
|---|
| 80 | 80 | | municipality customarily uses for other water supply improvements |
|---|
| 81 | 81 | | in its corporate limits or extraterritorial jurisdiction. |
|---|
| 82 | 82 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 83 | 83 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 84 | 84 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 85 | 85 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 86 | 86 | | Act takes effect September 1, 2013. |
|---|