By: Hegar S.B. No. 1854
(Miller of Fort Bend)
A BILL TO BE ENTITLED
AN ACT
relating to certain project powers and duties of the Fort Bend
County Levee Improvement District No. 7; providing authority to
impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7808 to read as follows:
CHAPTER 7808. FORT BEND COUNTY LEVEE IMPROVEMENT DISTRICT NO. 7
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7808.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Fort Bend County Levee
Improvement District No. 7.
(3) "Project" means a facility, improvement,
appliance, appurtenance, land, interest in property, participation
right, contract right, practice, technique, or technology that:
(A) facilitates the recycling and reuse of water,
wastewater effluent, or other water or wastewater by-product; and
(B) results in additional water supplies for
future or alternative uses.
SUBCHAPTER B. PROJECT POWERS AND DUTIES
Sec. 7808.151. ACQUISITION OF PROJECT. The district may
acquire a project, including by purchase or lease.
Sec. 7808.152. CONSTRUCTION, MAINTENANCE, AND OPERATION OF
PROJECT. The district may construct, rehabilitate, repair,
improve, enlarge, operate, and maintain a project.
Sec. 7808.153. DELIVERY METHOD. The district may use
alternative delivery methods under Chapter 2267, Government Code,
as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
Regular Session, 2011, for a project, in addition to any method
provided by Chapters 49 and 57, Water Code.
Sec. 7808.154. CONVEYANCE OF PROJECT. If the board
considers the terms appropriate and favorable to the district, the
district may convey a project to a:
(1) municipality in whose extraterritorial
jurisdiction all or part of the district is located; or
(2) political subdivision located wholly or partly in
the district.
Sec. 7808.155. USE OF PROJECT WATER. If the board considers
the terms appropriate and favorable to the district, the district
may:
(1) use the water from a project; or
(2) sell or otherwise provide the water to:
(A) a homeowners' or property owners' association
located in the district; or
(B) with the prior consent of a municipality
described by Section 7808.154(1), any person located in the
extraterritorial jurisdiction of that municipality, including a
political subdivision, private entity, and individual.
Sec. 7808.156. PROJECT FINANCING. The district may finance
a project with property taxes, mandatory fees, or voluntary
contributions.
Sec. 7808.157. PROJECT BONDS. The district may issue bonds
or other obligations for a project in the manner provided by
Subchapter G, Chapter 57, Water Code.
Sec. 7808.158. JOINT PROJECT. The district may act jointly
in regard to a project under an agreement or contract with any
person, including a political subdivision, private entity, or
individual.
Sec. 7808.159. MUNICIPAL APPROVAL. (a) The plans and
specifications for the construction or modification of a project
are subject to:
(1) the review and approval of any municipality in
whose extraterritorial jurisdiction all or part of the district is
located; and
(2) any ordinance, regulation, or standard criteria a
municipality described by Subdivision (1) may adopt relating to the
construction or operation of similar projects in its corporate
limits or extraterritorial jurisdiction.
(b) The approval required by Subsection (a) must be in the
form of an ordinance or resolution adopted by the governing body of
the municipality. Approval for subsequent modifications,
extensions, or repairs of a project may be given in the manner the
municipality customarily uses for other water supply improvements
in its corporate limits or extraterritorial jurisdiction.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.