Texas 2015 - 84th Regular

Texas House Bill HB2508 Compare Versions

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1	1	84R5052 GRM-F
2	2	By: Parker H.B. No. 2508
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 Alpha Ranch Water Control
8	8	and Improvement District of Denton and Wise Counties; providing
9	9	authority to issue bonds, impose a tax, and levy assessments for
10	10	roadway purposes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 9064 to read as follows:
14	14	CHAPTER 9064. ALPHA RANCH WATER CONTROL AND IMPROVEMENT DISTRICT
15	15	OF DENTON AND WISE COUNTIES
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 9064.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Fort Worth, Texas.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Alpha Ranch Water Control and
22	22	Improvement District of Denton and Wise Counties.
23	23	Sec. 9064.002. NATURE OF DISTRICT. The district is a water
24	24	control and improvement district with road district powers created
25	25	under Section 59, Article XVI, Texas Constitution.
26	26	Sec. 9064.003. APPLICABILITY OF OTHER LAW. (a) Except as
27	27	otherwise provided by this chapter, the following laws apply to the
28	28	district:
29	29	(1) Chapters 49 and 51, Water Code; and
30	30	(2) Chapter 257, Transportation Code, and other
31	31	general laws applicable to road districts created under Section 52,
32	32	Article III, Texas Constitution, to the extent those provisions can
33	33	apply to the district.
34	34	(b) If a provision of general law relating to road districts
35	35	is in conflict or inconsistent with this chapter or Chapter 49 or
36	36	51, Water Code, this chapter prevails.
37	37	SUBCHAPTER B. POWERS AND DUTIES
38	38	Sec. 9064.051. 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 in aid of or incidental to those roads, including:
44	44	(1) bridges;
45	45	(2) drainage;
46	46	(3) landscaping;
47	47	(4) lights, signs, or signals; and
48	48	(5) sidewalks or trails.
49	49	Sec. 9064.052. JOINT ROAD PROJECTS. (a) A district may
50	50	contract with a state agency, political subdivision, or corporation
51	51	created under Chapter 431, Transportation Code, for a joint road
52	52	project.
53	53	(b) The contract may:
54	54	(1) provide for joint payment of project costs; and
55	55	(2) require the state agency, political subdivision,
56	56	or corporation to design, construct, or improve a project,
57	57	including landscaping, as provided by the contract.
58	58	Sec. 9064.053. APPROVAL OF ROAD PROJECT. (a) The district
59	59	may not undertake a road project authorized by Section 9064.051,
60	60	9064.052, or 9064.055 unless:
61	61	(1) the city has approved the plans and specifications
62	62	of the road project, if the city or district will operate and
63	63	maintain the road; or
64	64	(2) the Texas Transportation Commission has approved
65	65	the plans and specifications of the road project, if the state will
66	66	operate and maintain the road.
67	67	(b) Except as provided by Subsection (a), the district is
68	68	not required to obtain approval from the Texas Transportation
69	69	Commission to design, acquire, construct, finance, issue bonds for,
70	70	improve, or convey a road project.
71	71	Sec. 9064.054. ROAD CONTRACTS. The district may enter into
72	72	a contract for a road project in the same manner as a road district
73	73	under Chapter 257, Transportation Code, except that competitive
74	74	bidding for a road project contract is governed by Subchapter I,
75	75	Chapter 49, Water Code.
76	76	Sec. 9064.055. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
77	77	AREA. The district may undertake an improvement project or service
78	78	authorized under Section 9064.051 that confers a special benefit on
79	79	a definable area in the district and levy and collect a special
80	80	assessment on benefited property in the district in accordance
81	81	with:
82	82	(1) Chapter 372, Local Government Code;
83	83	(2) Chapter 375, Local Government Code; or
84	84	(3) both chapters.
85	85	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
86	86	Sec. 9064.101. OPERATION AND MAINTENANCE TAX. (a) If
87	87	authorized at an election held under Section 49.107, Water Code,
88	88	the district may impose an operation and maintenance tax on taxable
89	89	property in the district in accordance with Section 49.107, Water
90	90	Code, except that Section 49.107(f), Water Code, does not apply to
91	91	reimbursements for a project constructed or acquired under Section
92	92	9064.051.
93	93	(b) The board shall determine the tax rate. The rate may not
94	94	exceed the rate approved at the election.
95	95	Sec. 9064.102. TAX TO REPAY BONDS. The district may impose
96	96	a tax to pay the principal of or interest on bonds issued under
97	97	Section 9064.151.
98	98	Sec. 9064.103. ASSESSMENT TO REPAY BONDS. The district may
99	99	levy a special assessment to pay the principal of and interest on
100	100	bonds issued under Section 9064.151.
101	101	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
102	102	Sec. 9064.151. AUTHORITY TO ISSUE BONDS AND OTHER
103	103	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
104	104	other obligations payable wholly or partly from ad valorem taxes,
105	105	special assessments, impact fees, revenue, grants, or other
106	106	district money, or any combination of those sources, to pay for a
107	107	road project authorized by Section 9064.051, 9064.052, or 9064.055.
108	108	(b) The district may not issue bonds payable from ad valorem
109	109	taxes to finance a road project unless the issuance is approved by a
110	110	vote of a two-thirds majority of the district voters voting at an
111	111	election held for that purpose.
112	112	(c) At the time of issuance, the total principal amount of
113	113	bonds or other obligations issued or incurred to finance road
114	114	projects and payable from ad valorem taxes may not exceed
115	115	one-fourth of the assessed value of the real property in the
116	116	district.
117	117	(d) The district may not exercise the power to issue bonds
118	118	or other obligations payable wholly or partly from ad valorem taxes
119	119	or special assessments to finance projects authorized by Section
120	120	9064.051, 9064.052, or 9064.055 until the city adopts an ordinance
121	121	or resolution consenting to the exercise of that power.
122	122	(e) Sections 49.181 and 49.182, Water Code, do not apply to
123	123	a project authorized by Section 9064.051, 9064.052, or 9064.055, or
124	124	to bonds issued for the project.
125	125	SECTION 2. The Alpha Ranch Water Control and Improvement
126	126	District of Denton and Wise Counties retains all rights, powers,
127	127	privileges, authority, duties, and functions that it had before the
128	128	effective date of this Act.
129	129	SECTION 3. (a) The following are validated and confirmed in
130	130	all respects:
131	131	(1) the creation of the Alpha Ranch Water Control and
132	132	Improvement District of Denton and Wise Counties; and
133	133	(2) any act or proceeding of the district, including
134	134	an election, not excepted by this section and taken not more than
135	135	three years before the effective date of this Act, effective as of
136	136	the date on which the act or proceeding occurred.
137	137	(b) This section does not apply to:
138	138	(1) an act, proceeding, director, other official,
139	139	bond, or other obligation the validity of which or of whom is the
140	140	subject of litigation that is pending on the effective date of this
141	141	Act; or
142	142	(2) an act or proceeding that, under a statute of this
143	143	state or the United States, was a misdemeanor or felony at the time
144	144	the act or proceeding occurred.
145	145	SECTION 4. (a) The legal notice of the intention to
146	146	introduce this Act, setting forth the general substance of this
147	147	Act, has been published as provided by law, and the notice and a
148	148	copy of this Act have been furnished to all persons, agencies,
149	149	officials, or entities to which they are required to be furnished
150	150	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
151	151	Government Code.
152	152	(b) The governor, one of the required recipients, has
153	153	submitted the notice and Act to the Texas Commission on
154	154	Environmental Quality.
155	155	(c) The Texas Commission on Environmental Quality has filed
156	156	its recommendations relating to this Act with the governor, the
157	157	lieutenant governor, and the speaker of the house of
158	158	representatives within the required time.
159	159	(d) All requirements of the constitution and laws of this
160	160	state and the rules and procedures of the legislature with respect
161	161	to the notice, introduction, and passage of this Act are fulfilled
162	162	and accomplished.
163	163	SECTION 5. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2015.