Texas 2015 - 84th Regular

Texas House Bill HB4188 Compare Versions

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Version 2 (New)

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1	1	84R13373 GRM-F
2	2	By: Bonnen of Galveston H.B. No. 4188
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Galveston County Municipal
7	7	Utility District No. 35; providing authority to issue bonds and
8	8	impose fees and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7930 to read as follows:
12	12	CHAPTER 7930. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 35
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7930.001. DEFINITION. In this chapter, "district"
15	15	means the Galveston County Municipal Utility District No. 35.
16	16	Sec. 7930.002. NATURE AND PURPOSES OF DISTRICT. (a) The
17	17	district is a municipal utility district created under Section 59,
18	18	Article XVI, Texas Constitution.
19	19	(b) The district is created to accomplish the purposes of:
20	20	(1) a municipal utility district as provided by
21	21	general law and Section 59, Article XVI, Texas Constitution; and
22	22	(2) Section 52, Article III, Texas Constitution, that
23	23	relate to the construction, acquisition, improvement, operation,
24	24	or maintenance of macadamized, graveled, or paved roads, or
25	25	improvements, including storm drainage, in aid of those roads.
26	26	SUBCHAPTER B. POWERS AND DUTIES
27	27	Sec. 7930.051. GENERAL POWERS AND DUTIES. The district has
28	28	the powers and duties necessary to accomplish the purposes for
29	29	which the district is created.
30	30	Sec. 7930.052. MUNICIPAL UTILITY DISTRICT POWERS AND
31	31	DUTIES. The district has the powers and duties provided by the
32	32	general law of this state, including Chapters 49 and 54, Water Code,
33	33	applicable to municipal utility districts created under Section 59,
34	34	Article XVI, Texas Constitution.
35	35	Sec. 7930.053. AUTHORITY FOR ROAD PROJECTS. Under Section
36	36	52, Article III, Texas Constitution, the district may design,
37	37	acquire, construct, finance, issue bonds for, improve, operate,
38	38	maintain, and convey to this state, a county, or a municipality for
39	39	operation and maintenance macadamized, graveled, or paved roads, or
40	40	improvements, including storm drainage, in aid of those roads.
41	41	Sec. 7930.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
42	42	project must meet all applicable construction standards, zoning and
43	43	subdivision requirements, and regulations of each municipality in
44	44	whose corporate limits or extraterritorial jurisdiction the road
45	45	project is located.
46	46	(b) If a road project is not located in the corporate limits
47	47	or extraterritorial jurisdiction of a municipality, the road
48	48	project must meet all applicable construction standards,
49	49	subdivision requirements, and regulations of each county in which
50	50	the road project is located.
51	51	(c) If the state will maintain and operate the road, the
52	52	Texas Transportation Commission must approve the plans and
53	53	specifications of the road project.
54	54	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
55	55	Sec. 7930.101. AUTHORITY TO ISSUE BONDS AND OTHER
56	56	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
57	57	other obligations payable wholly or partly from ad valorem taxes,
58	58	impact fees, revenue, contract payments, grants, or other district
59	59	money, or any combination of those sources, to pay for a road
60	60	project authorized by Section 7930.053.
61	61	(b) The district may not issue bonds payable from ad valorem
62	62	taxes to finance a road project unless the issuance is approved by a
63	63	vote of a two-thirds majority of the district voters voting at an
64	64	election held for that purpose.
65	65	(c) At the time of issuance, the total principal amount of
66	66	bonds or other obligations issued or incurred to finance road
67	67	projects and payable from ad valorem taxes may not exceed
68	68	one-fourth of the assessed value of the real property in the
69	69	district.
70	70	Sec. 7930.102. TAXES FOR BONDS. At the time the district
71	71	issues bonds payable wholly or partly from ad valorem taxes, the
72	72	district shall provide for the annual imposition of a continuing
73	73	direct ad valorem tax, without limit as to rate or amount, while all
74	74	or part of the bonds are outstanding as required and in the manner
75	75	provided by Sections 54.601 and 54.602, Water Code.
76	76	SECTION 2. The Galveston County Municipal Utility District
77	77	No. 35 retains all rights, powers, privileges, authority, duties,
78	78	and functions that it had before the effective date of this Act.
79	79	SECTION 3. (a) The legislature validates and confirms all
80	80	governmental acts and proceedings of the Galveston County Municipal
81	81	Utility District No. 35 that were taken before the effective date of
82	82	this Act.
83	83	(b) This section does not apply to any matter that on the
84	84	effective date of this Act:
85	85	(1) is involved in litigation if the litigation
86	86	ultimately results in the matter being held invalid by a final court
87	87	judgment; or
88	88	(2) has been held invalid by a final court judgment.
89	89	SECTION 4. (a) The legal notice of the intention to
90	90	introduce this Act, setting forth the general substance of this
91	91	Act, has been published as provided by law, and the notice and a
92	92	copy of this Act have been furnished to all persons, agencies,
93	93	officials, or entities to which they are required to be furnished
94	94	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	95	Government Code.
96	96	(b) The governor, one of the required recipients, has
97	97	submitted the notice and Act to the Texas Commission on
98	98	Environmental Quality.
99	99	(c) The Texas Commission on Environmental Quality has filed
100	100	its recommendations relating to this Act with the governor, the
101	101	lieutenant governor, and the speaker of the house of
102	102	representatives within the required time.
103	103	(d) All requirements of the constitution and laws of this
104	104	state and the rules and procedures of the legislature with respect
105	105	to the notice, introduction, and passage of this Act are fulfilled
106	106	and accomplished.
107	107	SECTION 5. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2015.