Texas 2013 - 83rd Regular

Texas Senate Bill SB587 Compare Versions

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1	1	By: Hinojosa S.B. No. 587
2	2	(In the Senate - Filed February 15, 2013; February 20, 2013,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; March 18, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; March 18, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the powers and duties of the Hidalgo County Water
11	11	Control and Improvement District No. 19; providing authority to
12	12	issue bonds; providing authority to impose fees and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle I, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 9044 to read as follows:
16	16	CHAPTER 9044. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT
17	17	DISTRICT NO. 19
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 9044.001. DEFINITION. In this chapter, "district"
20	20	means the Hidalgo County Water Control and Improvement District No.
21	21	19.
22	22	Sec. 9044.002. NATURE AND PURPOSES OF DISTRICT. (a) The
23	23	district is a water control and improvement district created under
24	24	Section 59, Article XVI, Texas Constitution.
25	25	(b) The district is created to accomplish the purposes of:
26	26	(1) a water control and improvement district as
27	27	provided by general law and Section 59, Article XVI, Texas
28	28	Constitution; and
29	29	(2) Section 52, Article III, Texas Constitution, that
30	30	relate to the construction, acquisition, improvement, operation,
31	31	or maintenance of macadamized, graveled, or paved roads, or
32	32	improvements, including storm drainage, in aid of those roads.
33	33	SUBCHAPTER B. POWERS AND DUTIES
34	34	Sec. 9044.051. GENERAL POWERS AND DUTIES. The district has
35	35	the powers and duties necessary to accomplish the purposes for
36	36	which the district is created.
37	37	Sec. 9044.052. WATER CONTROL AND IMPROVEMENT DISTRICT
38	38	POWERS AND DUTIES. The district has the powers and duties provided
39	39	by the general law of this state, including Chapters 49 and 51,
40	40	Water Code, applicable to water control and improvement districts
41	41	created under Section 59, Article XVI, Texas Constitution.
42	42	Sec. 9044.053. AUTHORITY FOR ROAD PROJECTS. Under Section
43	43	52, Article III, Texas Constitution, the district may design,
44	44	acquire, construct, finance, issue bonds for, improve, operate,
45	45	maintain, and convey to this state, a county, or a municipality for
46	46	operation and maintenance macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 9044.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
49	49	road project must meet all applicable construction standards,
50	50	zoning and subdivision requirements, and regulations of each
51	51	municipality in whose corporate limits or extraterritorial
52	52	jurisdiction the road project is located.
53	53	(b) If a road project is not located in the corporate limits
54	54	or extraterritorial jurisdiction of a municipality, the road
55	55	project must meet all applicable construction standards,
56	56	subdivision requirements, and regulations of each county in which
57	57	the road project is located.
58	58	(c) If the state will maintain and operate the road, the
59	59	Texas Transportation Commission must approve the plans and
60	60	specifications of the road project.
61	61	Sec. 9044.055. DIVISION OF DISTRICT. (a) The district may
62	62	be divided into two or more new districts only if the district:
63	63	(1) has no outstanding bonded debt; and
64	64	(2) is not imposing ad valorem taxes.
65	65	(b) This chapter applies to any new district created by the
66	66	division of the district, and a new district has all the powers and
67	67	duties of the district.
68	68	(c) Any new district created by the division of the district
69	69	may not, at the time the new district is created, contain any land
70	70	outside the district as of the effective date of the Act enacting
71	71	this chapter.
72	72	(d) The district's board of directors, on its own motion or
73	73	on receipt of a petition signed by the owner or owners of a majority
74	74	of the assessed value of the real property in the district, may
75	75	adopt an order dividing the district.
76	76	(e) An order dividing the district must:
77	77	(1) name each new district;
78	78	(2) include the metes and bounds description of the
79	79	territory of each new district;
80	80	(3) appoint temporary directors serving staggered
81	81	four-year terms for each new district; and
82	82	(4) provide for the division of assets and liabilities
83	83	between or among the new districts.
84	84	(f) On or before the 30th day after the date of adoption of
85	85	an order dividing the district, the district shall file the order
86	86	with the Texas Commission on Environmental Quality and record the
87	87	order in the real property records of each county in which the
88	88	district is located.
89	89	(g) A new district created by the division of the district
90	90	is not required to hold a confirmation election.
91	91	(h) The consent of a municipality or county is not required
92	92	for the creation of any new district under this section if the new
93	93	district's creation complies with Subsection (c).
94	94	(i) A new district created by the division of the district
95	95	must hold an election to obtain voter approval before the district
96	96	may impose a maintenance tax or issue bonds payable wholly or partly
97	97	from ad valorem taxes.
98	98	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
99	99	Sec. 9044.101. AUTHORITY TO ISSUE BONDS AND OTHER
100	100	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
101	101	or other obligations payable wholly or partly from ad valorem
102	102	taxes, impact fees, revenue, contract payments, grants, or other
103	103	district money, or any combination of those sources, to pay for a
104	104	road project authorized by Section 9044.053.
105	105	(b) The district may not issue bonds payable from ad valorem
106	106	taxes to finance a road project unless the issuance is approved by a
107	107	vote of a two-thirds majority of the district voters voting at an
108	108	election held for that purpose.
109	109	(c) At the time of issuance, the total principal amount of
110	110	bonds or other obligations issued or incurred to finance road
111	111	projects and payable from ad valorem taxes may not exceed
112	112	one-fourth of the assessed value of real property in the district.
113	113	Sec. 9044.102. TAXES FOR BONDS. At the time the district
114	114	issues bonds payable wholly or partly from ad valorem taxes, the
115	115	board shall provide for the annual imposition of a continuing
116	116	direct ad valorem tax, without limit as to rate or amount, while all
117	117	or part of the bonds are outstanding.
118	118	SECTION 2. The Hidalgo County Water Control and Improvement
119	119	District No. 19 retains all the rights, powers, privileges,
120	120	authority, duties, and functions that it had before the effective
121	121	date of this Act.
122	122	SECTION 3. (a) The legislature validates and confirms all
123	123	governmental acts and proceedings of the Hidalgo County Water
124	124	Control and Improvement District No. 19 that were taken before the
125	125	effective date of this Act.
126	126	(b) This section does not apply to any matter that on the
127	127	effective date of this Act:
128	128	(1) is involved in litigation if the litigation
129	129	ultimately results in the matter being held invalid by a final court
130	130	judgment; or
131	131	(2) has been held invalid by a final court judgment.
132	132	SECTION 4. (a) The legal notice of the intention to
133	133	introduce this Act, setting forth the general substance of this
134	134	Act, has been published as provided by law, and the notice and a
135	135	copy of this Act have been furnished to all persons, agencies,
136	136	officials, or entities to which they are required to be furnished
137	137	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
138	138	Government Code.
139	139	(b) The governor, one of the required recipients, has
140	140	submitted the notice and Act to the Texas Commission on
141	141	Environmental Quality.
142	142	(c) The Texas Commission on Environmental Quality has filed
143	143	its recommendations relating to this Act with the governor, the
144	144	lieutenant governor, and the speaker of the house of
145	145	representatives within the required time.
146	146	(d) All requirements of the constitution and laws of this
147	147	state and the rules and procedures of the legislature with respect
148	148	to the notice, introduction, and passage of this Act are fulfilled
149	149	and accomplished.
150	150	SECTION 5. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2013.
155	155	* * * * *