| 1 | 1 | | 84R25037 GRM-F |
|---|
| 2 | 2 | | By: Bell H.B. No. 4205 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to powers and duties of the Porter Special Utility |
|---|
| 8 | 8 | | District; granting a limited power of eminent domain in the defined |
|---|
| 9 | 9 | | areas or designated property; providing authority to establish |
|---|
| 10 | 10 | | defined areas or designated property, to issue bonds, and to impose |
|---|
| 11 | 11 | | taxes for the benefit of defined areas or designated property. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subtitle C, Title 6, Special District Local Laws |
|---|
| 14 | 14 | | Code, is amended by adding Chapter 7220 to read as follows: |
|---|
| 15 | 15 | | CHAPTER 7220. PORTER SPECIAL UTILITY DISTRICT |
|---|
| 16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
|---|
| 17 | 17 | | Sec. 7220.001. DEFINITION. In this chapter, "district" |
|---|
| 18 | 18 | | means the Porter Special Utility District. |
|---|
| 19 | 19 | | Sec. 7220.002. NATURE AND PURPOSE OF DISTRICT. (a) The |
|---|
| 20 | 20 | | district is a special utility district created under Section 59, |
|---|
| 21 | 21 | | Article XVI, Texas Constitution. |
|---|
| 22 | 22 | | (b) The district is created to accomplish the purposes of: |
|---|
| 23 | 23 | | (1) a special utility district as provided by general |
|---|
| 24 | 24 | | law and Section 59, Article XVI, Texas Constitution; and |
|---|
| 25 | 25 | | (2) in defined areas or designated property of the |
|---|
| 26 | 26 | | district established in accordance with Subchapter B, a municipal |
|---|
| 27 | 27 | | utility district as provided by general law and Section 59, Article |
|---|
| 28 | 28 | | XVI, Texas Constitution. |
|---|
| 29 | 29 | | SUBCHAPTER B. POWERS AND DUTIES |
|---|
| 30 | 30 | | Sec. 7220.051. GENERAL POWERS AND DUTIES. The district has |
|---|
| 31 | 31 | | the powers and duties necessary to accomplish the purposes for |
|---|
| 32 | 32 | | which the district is created. |
|---|
| 33 | 33 | | Sec. 7220.052. SPECIAL UTILITY DISTRICT POWERS AND DUTIES. |
|---|
| 34 | 34 | | Except as provided by this chapter, the district has all of the |
|---|
| 35 | 35 | | powers and duties provided by general law of this state, including |
|---|
| 36 | 36 | | Chapters 49 and 65, Water Code, applicable to special utility |
|---|
| 37 | 37 | | districts created under Section 59, Article XVI, Texas |
|---|
| 38 | 38 | | Constitution. |
|---|
| 39 | 39 | | Sec. 7220.053. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|---|
| 40 | 40 | | DESIGNATED PROPERTY. (a) The district may establish and maintain |
|---|
| 41 | 41 | | defined areas or designated property in accordance with Subchapter |
|---|
| 42 | 42 | | J, Chapter 54, Water Code, including the power to impose taxes and |
|---|
| 43 | 43 | | issue bonds in the defined areas or designated property. |
|---|
| 44 | 44 | | (b) Section 65.235, Water Code, does not apply to the |
|---|
| 45 | 45 | | district. |
|---|
| 46 | 46 | | Sec. 7220.054. ANNEXATION OF LAND TO DEFINED AREAS OR |
|---|
| 47 | 47 | | DESIGNATED PROPERTY. The district may annex land to an existing |
|---|
| 48 | 48 | | defined area or designated property in the same manner as land |
|---|
| 49 | 49 | | annexed to a district as provided by Sections 49.301 and 49.302, |
|---|
| 50 | 50 | | Water Code. Land annexed to a defined area or designated property |
|---|
| 51 | 51 | | must also be included in the district but is not required to be |
|---|
| 52 | 52 | | contiguous to the defined area or designated property into which it |
|---|
| 53 | 53 | | is annexed. |
|---|
| 54 | 54 | | Sec. 7220.055. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES |
|---|
| 55 | 55 | | IN DEFINED AREA OR DESIGNATED PROPERTY. In a defined area or |
|---|
| 56 | 56 | | designated property created by the district, the district has the |
|---|
| 57 | 57 | | powers and duties provided by the general law of this state, |
|---|
| 58 | 58 | | including Chapters 49 and 54, Water Code, applicable to municipal |
|---|
| 59 | 59 | | utility districts created under Section 59, Article XVI, Texas |
|---|
| 60 | 60 | | Constitution. |
|---|
| 61 | 61 | | SECTION 2. (a) The legal notice of the intention to |
|---|
| 62 | 62 | | introduce this Act, setting forth the general substance of this |
|---|
| 63 | 63 | | Act, has been published as provided by law, and the notice and a |
|---|
| 64 | 64 | | copy of this Act have been furnished to all persons, agencies, |
|---|
| 65 | 65 | | officials, or entities to which they are required to be furnished |
|---|
| 66 | 66 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|---|
| 67 | 67 | | Government Code. |
|---|
| 68 | 68 | | (b) The governor, one of the required recipients, has |
|---|
| 69 | 69 | | submitted the notice and Act to the Texas Commission on |
|---|
| 70 | 70 | | Environmental Quality. |
|---|
| 71 | 71 | | (c) The Texas Commission on Environmental Quality has filed |
|---|
| 72 | 72 | | its recommendations relating to this Act with the governor, the |
|---|
| 73 | 73 | | lieutenant governor, and the speaker of the house of |
|---|
| 74 | 74 | | representatives within the required time. |
|---|
| 75 | 75 | | (d) All requirements of the constitution and laws of this |
|---|
| 76 | 76 | | state and the rules and procedures of the legislature with respect |
|---|
| 77 | 77 | | to the notice, introduction, and passage of this Act are fulfilled |
|---|
| 78 | 78 | | and accomplished. |
|---|
| 79 | 79 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|