Texas 2015 - 84th Regular

Texas House Bill HB4185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4185
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 22, 2015, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 4185
8	2
9	3
10		-	A BILL TO BE ENTITLED
11		-	AN ACT
12	4		relating to the powers and duties of the Headwaters Municipal
13	5		Utility District; providing authority to issue bonds and impose
14	6		taxes.
15	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	8		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	9		Code, is amended by adding Chapter 7951 to read as follows:
18	10		CHAPTER 7951. HEADWATERS MUNICIPAL UTILITY DISTRICT
19	11		SUBCHAPTER A. GENERAL PROVISIONS
20	12		Sec. 7951.001. DEFINITION. In this chapter, "district"
21	13		means the Headwaters Municipal Utility District.
22	14		Sec. 7951.002. NATURE AND PURPOSES OF DISTRICT. (a) The
23	15		district is a municipal utility district created under Section 59,
24	16		Article XVI, Texas Constitution.
25	17		(b) The district is created to accomplish the purposes of:
26	18		(1) a municipal utility district as provided by
27	19		general law and Section 59, Article XVI, Texas Constitution; and
28	20		(2) Section 52, Article III, Texas Constitution, that
29	21		relate to the construction, acquisition, improvement, operation,
30	22		or maintenance of macadamized, graveled, or paved roads, or
31	23		improvements, including storm drainage, in aid of those roads.
32	24		SUBCHAPTER B. POWERS AND DUTIES
33	25		Sec. 7951.051. GENERAL POWERS AND DUTIES. The district has
34	26		the powers and duties necessary to accomplish the purposes for
35	27		which the district is created.
36	28		Sec. 7951.052. MUNICIPAL UTILITY DISTRICT POWERS AND
37	29		DUTIES. The district has the powers and duties provided by the
38	30		general law of this state, including Chapters 49 and 54, Water Code,
39	31		applicable to municipal utility districts created under Section 59,
40	32		Article XVI, Texas Constitution.
41	33		Sec. 7951.053. AUTHORITY FOR ROAD PROJECTS. Under Section
42	34		52, Article III, Texas Constitution, the district may design,
43	35		acquire, construct, finance, issue bonds for, improve, operate,
44	36		maintain, and convey to this state, a county, or a municipality for
45	37		operation and maintenance macadamized, graveled, or paved roads, or
46	38		improvements, including storm drainage, in aid of those roads.
47	39		Sec. 7951.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
48	40		project must meet all applicable construction standards, zoning and
49	41		subdivision requirements, and regulations of each municipality in
50	42		whose corporate limits or extraterritorial jurisdiction the road
51	43		project is located.
52	44		(b) If a road project is not located in the corporate limits
53	45		or extraterritorial jurisdiction of a municipality, the road
54	46		project must meet all applicable construction standards,
55	47		subdivision requirements, and regulations of each county in which
56	48		the road project is located.
57	49		(c) If the state will maintain and operate the road, the
58	50		Texas Transportation Commission must approve the plans and
59	51		specifications of the road project.
60	52		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
61	53		Sec. 7951.101. AUTHORITY TO ISSUE BONDS AND OTHER
62	54		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
63	55		other obligations payable wholly or partly from ad valorem taxes,
64	56		revenue, contract payments, grants, or other district money, or any
65	57		combination of those sources, to pay for a road project authorized
66	58		by Section 7951.053.
67	59		(b) The district may not issue bonds payable from ad valorem
68	60		taxes to finance a road project unless the issuance is approved by a
69	61		vote of a two-thirds majority of the district voters voting at an
70	62		election held for that purpose.
71	63		(c) At the time of issuance, the total principal amount of
72	64		bonds or other obligations issued or incurred to finance road
73	65		projects and payable from ad valorem taxes may not exceed
74	66		one-fourth of the assessed value of the real property in the
75	67		district.
76	68		Sec. 7951.102. TAXES FOR BONDS. At the time the district
77	69		issues bonds payable wholly or partly from ad valorem taxes, the
78	70		district shall provide for the annual imposition of a continuing
79	71		direct ad valorem tax, without limit as to rate or amount, while all
80	72		or part of the bonds are outstanding as required and in the manner
81	73		provided by Sections 54.601 and 54.602, Water Code.
82	74		SECTION 2. The Headwaters Municipal Utility District
83	75		retains all rights, powers, privileges, authority, duties, and
84	76		functions that it had before the effective date of this Act.
85	77		SECTION 3. (a) The legislature validates and confirms all
86	78		governmental acts and proceedings of the Headwaters Municipal
87	79		Utility District that were taken before the effective date of this
88	80		Act.
89	81		(b) This section does not apply to any matter that on the
90	82		effective date of this Act:
91	83		(1) is involved in litigation if the litigation
92	84		ultimately results in the matter being held invalid by a final court
93	85		judgment; or
94	86		(2) has been held invalid by a final court judgment.
95	87		SECTION 4. (a) The legal notice of the intention to
96	88		introduce this Act, setting forth the general substance of this
97	89		Act, has been published as provided by law, and the notice and a
98	90		copy of this Act have been furnished to all persons, agencies,
99	91		officials, or entities to which they are required to be furnished
100	92		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
101	93		Government Code.
102	94		(b) The governor, one of the required recipients, has
103	95		submitted the notice and Act to the Texas Commission on
104	96		Environmental Quality.
105	97		(c) The Texas Commission on Environmental Quality has filed
106	98		its recommendations relating to this Act with the governor, the
107	99		lieutenant governor, and the speaker of the house of
108	100		representatives within the required time.
109	101		(d) All requirements of the constitution and laws of this
110	102		state and the rules and procedures of the legislature with respect
111	103		to the notice, introduction, and passage of this Act are fulfilled
112	104		and accomplished.
113	105		SECTION 5. This Act takes effect immediately if it receives
114	106		a vote of two-thirds of all the members elected to each house, as
115	107		provided by Section 39, Article III, Texas Constitution. If this
116	108		Act does not receive the vote necessary for immediate effect, this
117	109		Act takes effect September 1, 2015.
118		-	* * * * *
	110	+	______________________________ ______________________________
	111	+	President of the Senate Speaker of the House
	112	+	I certify that H.B. No. 4185 was passed by the House on May
	113	+	15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	114	+	voting.
	115	+	______________________________
	116	+	Chief Clerk of the House
	117	+	I certify that H.B. No. 4185 was passed by the Senate on May
	118	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	119	+	______________________________
	120	+	Secretary of the Senate
	121	+	APPROVED: _____________________
	122	+	Date
	123	+	_____________________
	124	+	Governor