Texas 2015 - 84th Regular

Texas House Bill HB4139 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bell (Senate Sponsor - Creighton) H.B. No. 4139
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Administration; May 14, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 14, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4139
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the powers and duties of the Montgomery County
12	5		Municipal Utility District No. 141; providing authority to issue
13	6		bonds and impose taxes.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	9		Code, is amended by adding Chapter 7912 to read as follows:
17	10		CHAPTER 7912. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 141
18	11		SUBCHAPTER A. GENERAL PROVISIONS
19	12		Sec. 7912.001. DEFINITION. In this chapter, "district"
20	13		means the Montgomery County Municipal Utility District No. 141.
21	14		Sec. 7912.002. NATURE AND PURPOSES OF DISTRICT. (a) The
22	15		district is a municipal utility district created under Section 59,
23	16		Article XVI, Texas Constitution.
24	17		(b) The district is created to accomplish the purposes of:
25	18		(1) a municipal utility district as provided by
26	19		general law and Section 59, Article XVI, Texas Constitution; and
27	20		(2) Section 52, Article III, Texas Constitution, that
28	21		relate to the construction, acquisition, improvement, operation,
29	22		or maintenance of macadamized, graveled, or paved roads, or
30	23		improvements, including storm drainage, in aid of those roads.
31	24		SUBCHAPTER B. POWERS AND DUTIES
32	25		Sec. 7912.051. GENERAL POWERS AND DUTIES. The district has
33	26		the powers and duties necessary to accomplish the purposes for
34	27		which the district is created.
35	28		Sec. 7912.052. MUNICIPAL UTILITY DISTRICT POWERS AND
36	29		DUTIES. The district has the powers and duties provided by the
37	30		general law of this state, including Chapters 49 and 54, Water Code,
38	31		applicable to municipal utility districts created under Section 59,
39	32		Article XVI, Texas Constitution.
40	33		Sec. 7912.053. AUTHORITY FOR ROAD PROJECTS. Under Section
41	34		52, Article III, Texas Constitution, the district may design,
42	35		acquire, construct, finance, issue bonds for, improve, operate,
43	36		maintain, and convey to this state, a county, or a municipality for
44	37		operation and maintenance macadamized, graveled, or paved roads, or
45	38		improvements, including storm drainage, in aid of those roads.
46	39		Sec. 7912.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
47	40		project must meet all applicable construction standards, zoning and
48	41		subdivision requirements, and regulations of each municipality in
49	42		whose corporate limits or extraterritorial jurisdiction the road
50	43		project is located.
51	44		(b) If a road project is not located in the corporate limits
52	45		or extraterritorial jurisdiction of a municipality, the road
53	46		project must meet all applicable construction standards,
54	47		subdivision requirements, and regulations of each county in which
55	48		the road project is located.
56	49		(c) If the state will maintain and operate the road, the
57	50		Texas Transportation Commission must approve the plans and
58	51		specifications of the road project.
59	52		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
60	53		Sec. 7912.101. AUTHORITY TO ISSUE BONDS AND OTHER
61	54		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
62	55		other obligations payable wholly or partly from ad valorem taxes,
63	56		revenue, contract payments, grants, or other district money, or any
64	57		combination of those sources, to pay for a road project authorized
65	58		by Section 7912.053.
66	59		(b) The district may not issue bonds payable from ad valorem
67	60		taxes to finance a road project unless the issuance is approved by a
68	61		vote of a two-thirds majority of the district voters voting at an
69	62		election held for that purpose.
70	63		(c) At the time of issuance, the total principal amount of
71	64		bonds or other obligations issued or incurred to finance road
72	65		projects and payable from ad valorem taxes may not exceed
73	66		one-fourth of the assessed value of the real property in the
74	67		district.
75	68		Sec. 7912.102. TAXES FOR BONDS. At the time the district
76	69		issues bonds payable wholly or partly from ad valorem taxes, the
77	70		district shall provide for the annual imposition of a continuing
78	71		direct ad valorem tax, without limit as to rate or amount, while all
79	72		or part of the bonds are outstanding as required and in the manner
80	73		provided by Sections 54.601 and 54.602, Water Code.
81	74		SECTION 2. The Montgomery County Municipal Utility District
82	75		No. 141 retains all rights, powers, privileges, authority, duties,
83	76		and functions that it had before the effective date of this Act.
84	77		SECTION 3. (a) The legislature validates and confirms all
85	78		governmental acts and proceedings of the Montgomery County
86	79		Municipal Utility District No. 141 that were taken before the
87	80		effective date of this Act.
88	81		(b) This section does not apply to any matter that on the
89	82		effective date of this Act:
90	83		(1) is involved in litigation if the litigation
91	84		ultimately results in the matter being held invalid by a final court
92	85		judgment; or
93	86		(2) has been held invalid by a final court judgment.
94	87		SECTION 4. (a) The legal notice of the intention to
95	88		introduce this Act, setting forth the general substance of this
96	89		Act, has been published as provided by law, and the notice and a
97	90		copy of this Act have been furnished to all persons, agencies,
98	91		officials, or entities to which they are required to be furnished
99	92		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
100	93		Government Code.
101	94		(b) The governor, one of the required recipients, has
102	95		submitted the notice and Act to the Texas Commission on
103	96		Environmental Quality.
104	97		(c) The Texas Commission on Environmental Quality has filed
105	98		its recommendations relating to this Act with the governor, the
106	99		lieutenant governor, and the speaker of the house of
107	100		representatives within the required time.
108	101		(d) All requirements of the constitution and laws of this
109	102		state and the rules and procedures of the legislature with respect
110	103		to the notice, introduction, and passage of this Act are fulfilled
111	104		and accomplished.
112	105		SECTION 5. This Act takes effect immediately if it receives
113	106		a vote of two-thirds of all the members elected to each house, as
114	107		provided by Section 39, Article III, Texas Constitution. If this
115	108		Act does not receive the vote necessary for immediate effect, this
116	109		Act takes effect September 1, 2015.
117		-	* * * * *
	110	+	______________________________ ______________________________
	111	+	President of the Senate Speaker of the House
	112	+	I certify that H.B. No. 4139 was passed by the House on May
	113	+	12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
	114	+	voting.
	115	+	______________________________
	116	+	Chief Clerk of the House
	117	+	I certify that H.B. No. 4139 was passed by the Senate on May
	118	+	15, 2015, by the following vote: Yeas 30, Nays 1.
	119	+	______________________________
	120	+	Secretary of the Senate
	121	+	APPROVED: _____________________
	122	+	Date
	123	+	_____________________
	124	+	Governor