By: Hegar S.B. No. 351
(Zerwas)
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Willow Point Municipal
Utility District of Fort Bend and Waller Counties; providing
authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8413 to read as follows:
CHAPTER 8413. WILLOW POINT MUNICIPAL UTILITY DISTRICT OF
FORT BEND AND WALLER COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8413.001. DEFINITION. In this chapter, "district"
means the Willow Point Municipal Utility District of Fort Bend and
Waller Counties.
Sec. 8413.002. NATURE OF DISTRICT. The district is a
municipal utility district in Fort Bend and Waller Counties created
under and essential to accomplish the purposes of Section 52(b)(3),
Article III, or Section 59, Article XVI, Texas Constitution.
Sec. 8413.003. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8413.004-8413.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8413.051. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations
of:
(1) each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located; and
(2) each county in which the district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by resolution.
Sec. 8413.052. COMPLIANCE WITH MUNICIPAL CONSENT
RESOLUTIONS. The district shall comply with all applicable
requirements of any resolution, adopted by the governing body of a
municipality, that consented to the creation of the district or to
the inclusion of land in the district.
[Sections 8413.053-8413.100 reserved for expansion]
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 8413.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The
district may impose a tax to pay the principal of or interest on
bonds issued under Section 8413.151.
[Sections 8413.102-8413.150 reserved for expansion]
SUBCHAPTER D. BONDS
Sec. 8413.151. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
or other obligations as provided by Chapters 49 and 54, Water Code,
to finance the construction, maintenance, or operation of projects
under Section 8413.051.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8413.051 unless the issuance is approved by a
vote of a two-thirds majority of the voters in the district or of
the defined areas to be benefited by the project as provided by
Subchapter J, Chapter 54, Water Code, voting at an election called
for that purpose. The simple majority vote approval required by
Section 54.808(a), Water Code, does not apply to an election under
this subsection.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8413.051 may not exceed one-fourth
of the assessed value of the real property in the district or the
defined area as provided by Subchapter J, Chapter 54, Water Code.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. 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.