Texas 2015 - 84th Regular

Texas House Bill HB1236 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4829 GRM-F
2	2	By: King of Parker H.B. No. 1236
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Morningstar Ranch
7	7	Municipal Utility Districts Nos. 1 and 2 of Parker County;
8	8	providing authority to issue bonds; providing authority to impose
9	9	fees and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8490 to read as follows:
13	13	CHAPTER 8490. MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 1
14	14	OF PARKER COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8490.001. DEFINITION. In this chapter, "district"
17	17	means the Morningstar Ranch Municipal Utility District No. 1 of
18	18	Parker County.
19	19	Sec. 8490.002. NATURE AND PURPOSES OF DISTRICT. (a) The
20	20	district is a municipal utility district created under Section 59,
21	21	Article XVI, Texas Constitution.
22	22	(b) The district is created to accomplish the purposes of:
23	23	(1) a municipal utility district as provided by
24	24	general law and Section 59, Article XVI, Texas 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. 8490.051. 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. 8490.052. MUNICIPAL UTILITY DISTRICT POWERS AND
34	34	DUTIES. The district has the powers and duties provided by the
35	35	general law of this state, including Chapters 49 and 54, Water Code,
36	36	applicable to municipal utility districts created under Section 59,
37	37	Article XVI, Texas Constitution.
38	38	Sec. 8490.053. 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. 8490.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
45	45	project must meet all applicable construction standards, zoning and
46	46	subdivision requirements, and regulations of each municipality in
47	47	whose corporate limits or extraterritorial jurisdiction the road
48	48	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. 8490.101. AUTHORITY TO ISSUE BONDS AND OTHER
59	59	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
60	60	other obligations payable wholly or partly from ad valorem taxes,
61	61	revenue, contract payments, grants, or other district money, or any
62	62	combination of those sources, to pay for a road project authorized
63	63	by Section 8490.053.
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 the real property in the
72	72	district.
73	73	Sec. 8490.102. TAXES FOR BONDS. At the time the district
74	74	issues bonds payable wholly or partly from ad valorem taxes, the
75	75	district shall provide for the annual imposition of a continuing
76	76	direct ad valorem tax, without limit as to rate or amount, while all
77	77	or part of the bonds are outstanding as required and in the manner
78	78	provided by Sections 54.601 and 54.602, Water Code.
79	79	SECTION 2. Subtitle F, Title 6, Special District Local Laws
80	80	Code, is amended by adding Chapter 8491 to read as follows:
81	81	CHAPTER 8491. MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2
82	82	OF PARKER COUNTY
83	83	SUBCHAPTER A. GENERAL PROVISIONS
84	84	Sec. 8491.001. DEFINITION. In this chapter, "district"
85	85	means the Morningstar Ranch Municipal Utility District No. 2 of
86	86	Parker County.
87	87	Sec. 8491.002. NATURE AND PURPOSES OF DISTRICT. (a) The
88	88	district is a municipal utility district created under Section 59,
89	89	Article XVI, Texas Constitution.
90	90	(b) The district is created to accomplish the purposes of:
91	91	(1) a municipal utility district as provided by
92	92	general law and Section 59, Article XVI, Texas Constitution; and
93	93	(2) Section 52, Article III, Texas Constitution, that
94	94	relate to the construction, acquisition, improvement, operation,
95	95	or maintenance of macadamized, graveled, or paved roads, or
96	96	improvements, including storm drainage, in aid of those roads.
97	97	SUBCHAPTER B. POWERS AND DUTIES
98	98	Sec. 8491.051. GENERAL POWERS AND DUTIES. The district has
99	99	the powers and duties necessary to accomplish the purposes for
100	100	which the district is created.
101	101	Sec. 8491.052. MUNICIPAL UTILITY DISTRICT POWERS AND
102	102	DUTIES. The district has the powers and duties provided by the
103	103	general law of this state, including Chapters 49 and 54, Water Code,
104	104	applicable to municipal utility districts created under Section 59,
105	105	Article XVI, Texas Constitution.
106	106	Sec. 8491.053. AUTHORITY FOR ROAD PROJECTS. Under Section
107	107	52, Article III, Texas Constitution, the district may design,
108	108	acquire, construct, finance, issue bonds for, improve, operate,
109	109	maintain, and convey to this state, a county, or a municipality for
110	110	operation and maintenance macadamized, graveled, or paved roads, or
111	111	improvements, including storm drainage, in aid of those roads.
112	112	Sec. 8491.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
113	113	project must meet all applicable construction standards, zoning and
114	114	subdivision requirements, and regulations of each municipality in
115	115	whose corporate limits or extraterritorial jurisdiction the road
116	116	project is located.
117	117	(b) If a road project is not located in the corporate limits
118	118	or extraterritorial jurisdiction of a municipality, the road
119	119	project must meet all applicable construction standards,
120	120	subdivision requirements, and regulations of each county in which
121	121	the road project is located.
122	122	(c) If the state will maintain and operate the road, the
123	123	Texas Transportation Commission must approve the plans and
124	124	specifications of the road project.
125	125	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
126	126	Sec. 8491.101. AUTHORITY TO ISSUE BONDS AND OTHER
127	127	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
128	128	other obligations payable wholly or partly from ad valorem taxes,
129	129	revenue, contract payments, grants, or other district money, or any
130	130	combination of those sources, to pay for a road project authorized
131	131	by Section 8491.053.
132	132	(b) The district may not issue bonds payable from ad valorem
133	133	taxes to finance a road project unless the issuance is approved by a
134	134	vote of a two-thirds majority of the district voters voting at an
135	135	election held for that purpose.
136	136	(c) At the time of issuance, the total principal amount of
137	137	bonds or other obligations issued or incurred to finance road
138	138	projects and payable from ad valorem taxes may not exceed
139	139	one-fourth of the assessed value of the real property in the
140	140	district.
141	141	Sec. 8491.102. TAXES FOR BONDS. At the time the district
142	142	issues bonds payable wholly or partly from ad valorem taxes, the
143	143	district shall provide for the annual imposition of a continuing
144	144	direct ad valorem tax, without limit as to rate or amount, while all
145	145	or part of the bonds are outstanding as required and in the manner
146	146	provided by Sections 54.601 and 54.602, Water Code.
147	147	SECTION 3. The Morningstar Ranch Municipal Utility
148	148	Districts Nos. 1 and 2 of Parker County retain all rights, powers,
149	149	privileges, authority, duties, and functions that they had before
150	150	the effective date of this Act.
151	151	SECTION 4. (a) The legal notice of the intention to
152	152	introduce this Act, setting forth the general substance of this
153	153	Act, has been published as provided by law, and the notice and a
154	154	copy of this Act have been furnished to all persons, agencies,
155	155	officials, or entities to which they are required to be furnished
156	156	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
157	157	Government Code.
158	158	(b) The governor, one of the required recipients, has
159	159	submitted the notice and Act to the Texas Commission on
160	160	Environmental Quality.
161	161	(c) The Texas Commission on Environmental Quality has filed
162	162	its recommendations relating to this Act with the governor, the
163	163	lieutenant governor, and the speaker of the house of
164	164	representatives within the required time.
165	165	(d) All requirements of the constitution and laws of this
166	166	state and the rules and procedures of the legislature with respect
167	167	to the notice, introduction, and passage of this Act are fulfilled
168	168	and accomplished.
169	169	SECTION 5. This Act takes effect immediately if it receives
170	170	a vote of two-thirds of all the members elected to each house, as
171	171	provided by Section 39, Article III, Texas Constitution. If this
172	172	Act does not receive the vote necessary for immediate effect, this
173	173	Act takes effect September 1, 2015.