Texas 2015 - 84th Regular

Texas House Bill HB2501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R5051 GRM-F
2	2	By: Parker H.B. No. 2501
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Shale Creek Water Control
8	8	and Improvement District; providing authority to issue bonds,
9	9	impose a tax, and levy assessments for roadway purposes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle I, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 9058 to read as follows:
13	13	CHAPTER 9058. SHALE CREEK WATER CONTROL AND IMPROVEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9058.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Fort Worth, Texas.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Shale Creek Water Control and
20	20	Improvement District.
21	21	Sec. 9058.002. NATURE OF DISTRICT. (a) The district is a
22	22	water control and improvement district with road district powers
23	23	created under Section 59, Article XVI, Texas Constitution.
24	24	(b) The district created as North Fort Worth Water Control
25	25	and Improvement District No. 1 of Denton and Wise Counties is
26	26	renamed the Shale Creek Water Control and Improvement District.
27	27	Sec. 9058.003. APPLICABILITY OF OTHER LAW. (a) Except as
28	28	otherwise provided by this chapter, the following laws apply to the
29	29	district:
30	30	(1) Chapters 49 and 51, Water Code; and
31	31	(2) Chapter 257, Transportation Code, and other
32	32	general laws applicable to road districts created under Section 52,
33	33	Article III, Texas Constitution, to the extent those provisions can
34	34	apply to the district.
35	35	(b) If a provision of general law relating to road districts
36	36	is in conflict or inconsistent with this chapter or Chapter 49 or
37	37	51, Water Code, this chapter prevails.
38	38	SUBCHAPTER B. POWERS AND DUTIES
39	39	Sec. 9058.051. AUTHORITY FOR ROAD PROJECTS. Under Section
40	40	52, Article III, Texas Constitution, the district may design,
41	41	acquire, construct, finance, issue bonds for, improve, operate,
42	42	maintain, and convey to this state, a county, or a municipality for
43	43	operation and maintenance macadamized, graveled, or paved roads, or
44	44	improvements in aid of or incidental to those roads, including:
45	45	(1) bridges;
46	46	(2) drainage;
47	47	(3) landscaping;
48	48	(4) lights, signs, or signals; and
49	49	(5) sidewalks or trails.
50	50	Sec. 9058.052. JOINT ROAD PROJECTS. (a) A district may
51	51	contract with a state agency, political subdivision, or corporation
52	52	created under Chapter 431, Transportation Code, for a joint road
53	53	project.
54	54	(b) The contract may:
55	55	(1) provide for joint payment of project costs; and
56	56	(2) require the state agency, political subdivision,
57	57	or corporation to design, construct, or improve a project,
58	58	including landscaping, as provided by the contract.
59	59	Sec. 9058.053. APPROVAL OF ROAD PROJECT. (a) The district
60	60	may not undertake a road project authorized by Section 9058.051,
61	61	9058.052, or 9058.055 unless:
62	62	(1) the city has approved the plans and specifications
63	63	of the road project, if the city or district will operate and
64	64	maintain the road; or
65	65	(2) the Texas Transportation Commission has approved
66	66	the plans and specifications of the road project, if the state will
67	67	operate and maintain the road.
68	68	(b) Except as provided by Subsection (a), the district is
69	69	not required to obtain approval from the Texas Transportation
70	70	Commission to design, acquire, construct, finance, issue bonds for,
71	71	improve, or convey a road project.
72	72	Sec. 9058.054. ROAD CONTRACTS. The district may enter into
73	73	a contract for a road project in the same manner as a road district
74	74	under Chapter 257, Transportation Code, except that competitive
75	75	bidding for a road project contract is governed by Subchapter I,
76	76	Chapter 49, Water Code.
77	77	Sec. 9058.055. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
78	78	AREA. The district may undertake an improvement project or service
79	79	authorized under Section 9058.051 that confers a special benefit on
80	80	a definable area in the district and levy and collect a special
81	81	assessment on benefited property in the district in accordance
82	82	with:
83	83	(1) Chapter 372, Local Government Code;
84	84	(2) Chapter 375, Local Government Code; or
85	85	(3) both chapters.
86	86	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
87	87	Sec. 9058.101. OPERATION AND MAINTENANCE TAX. (a) If
88	88	authorized at an election held under Section 49.107, Water Code,
89	89	the district may impose an operation and maintenance tax on taxable
90	90	property in the district in accordance with Section 49.107, Water
91	91	Code, except that Section 49.107(f), Water Code, does not apply to
92	92	reimbursements for a project constructed or acquired under Section
93	93	9058.051.
94	94	(b) The board shall determine the tax rate. The rate may not
95	95	exceed the rate approved at the election.
96	96	Sec. 9058.102. TAX TO REPAY BONDS. The district may impose
97	97	a tax to pay the principal of or interest on bonds issued under
98	98	Section 9058.151.
99	99	Sec. 9058.103. ASSESSMENT TO REPAY BONDS. The district may
100	100	levy a special assessment to pay the principal of and interest on
101	101	bonds issued under Section 9058.151.
102	102	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
103	103	Sec. 9058.151. AUTHORITY TO ISSUE BONDS AND OTHER
104	104	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
105	105	other obligations payable wholly or partly from ad valorem taxes,
106	106	special assessments, impact fees, revenue, grants, or other
107	107	district money, or any combination of those sources, to pay for a
108	108	road project authorized by Section 9058.051, 9058.052, or 9058.055.
109	109	(b) The district may not issue bonds payable from ad valorem
110	110	taxes to finance a road project unless the issuance is approved by a
111	111	vote of a two-thirds majority of the district voters voting at an
112	112	election held for that purpose.
113	113	(c) At the time of issuance, the total principal amount of
114	114	bonds or other obligations issued or incurred to finance road
115	115	projects and payable from ad valorem taxes may not exceed
116	116	one-fourth of the assessed value of the real property in the
117	117	district.
118	118	(d) The district may not exercise the power to issue bonds
119	119	or other obligations payable wholly or partly from ad valorem taxes
120	120	or special assessments to finance projects authorized by Section
121	121	9058.051, 9058.052, or 9058.055 until the city adopts an ordinance
122	122	or resolution consenting to the exercise of that power.
123	123	(e) Sections 49.181 and 49.182, Water Code, do not apply to
124	124	a project authorized by Section 9058.051, 9058.052, or 9058.055, or
125	125	to bonds issued for the project.
126	126	SECTION 2. The Shale Creek Water Control and Improvement
127	127	District retains all rights, powers, privileges, authority,
128	128	duties, and functions that it had before the effective date of this
129	129	Act.
130	130	SECTION 3. (a) The following are validated and confirmed in
131	131	all respects:
132	132	(1) the creation of the North Fort Worth Water Control
133	133	and Improvement District No. 1 of Denton and Wise Counties;
134	134	(2) the renaming of the North Fort Worth Water Control
135	135	and Improvement District No. 1 of Denton and Wise Counties as the
136	136	Shale Creek Water Control and Improvement District; and
137	137	(3) any act or proceeding of the district, including
138	138	an election, not excepted by this section and taken not more than
139	139	three years before the effective date of this Act, effective as of
140	140	the date on which the act or proceeding occurred.
141	141	(b) This section does not apply to:
142	142	(1) an act, proceeding, director, other official,
143	143	bond, or other obligation the validity of which or of whom is the
144	144	subject of litigation that is pending on the effective date of this
145	145	Act; or
146	146	(2) an act or proceeding that, under a statute of this
147	147	state or the United States, was a misdemeanor or felony at the time
148	148	the act or proceeding occurred.
149	149	SECTION 4. (a) The legal notice of the intention to
150	150	introduce this Act, setting forth the general substance of this
151	151	Act, has been published as provided by law, and the notice and a
152	152	copy of this Act have been furnished to all persons, agencies,
153	153	officials, or entities to which they are required to be furnished
154	154	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
155	155	Government Code.
156	156	(b) The governor, one of the required recipients, has
157	157	submitted the notice and Act to the Texas Commission on
158	158	Environmental Quality.
159	159	(c) The Texas Commission on Environmental Quality has filed
160	160	its recommendations relating to this Act with the governor, the
161	161	lieutenant governor, and the speaker of the house of
162	162	representatives within the required time.
163	163	(d) All requirements of the constitution and laws of this
164	164	state and the rules and procedures of the legislature with respect
165	165	to the notice, introduction, and passage of this Act are fulfilled
166	166	and accomplished.
167	167	SECTION 5. This Act takes effect immediately if it receives
168	168	a vote of two-thirds of all the members elected to each house, as
169	169	provided by Section 39, Article III, Texas Constitution. If this
170	170	Act does not receive the vote necessary for immediate effect, this
171	171	Act takes effect September 1, 2015.