Texas 2015 - 84th Regular

Texas House Bill HB4206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Riddle (Senate Sponsor - Bettencourt) H.B. No. 4206
2		-	(In the Senate - Received from the House May 20, 2015;
3		-	May 21, 2015, read first time and referred to Committee on
4		-	Administration; May 24, 2015, reported favorably by the following
5		-	vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4206
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the powers and duties of the Dowdell Public Utility
12	6		District; providing authority to issue bonds; providing authority
13	7		to impose fees and taxes.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 8184.003(c), Special District Local Laws
16	10		Code, is amended to read as follows:
17	11		(c) The creation of the district is essential to accomplish
18	12		the purposes of:
19	13		(1) a municipal utility district as provided by
20	14		general law and Section 59, Article XVI, Texas Constitution; and
21	15		(2) Section 52, Article III, Texas Constitution, that
22	16		relate to the construction, acquisition, improvement, operation,
23	17		or maintenance of macadamized, graveled, or paved roads, or
24	18		improvements, including storm drainage, in aid of those roads.
25	19		SECTION 2. Subchapter C, Chapter 8184, Special District
26	20		Local Laws Code, is amended by adding Sections 8184.102, 8184.103,
27	21		and 8184.104 to read as follows:
28	22		Sec. 8184.102. AUTHORITY TO ESTABLISH DEFINED AREAS.
29	23		Notwithstanding the acreage requirement under Section 54.801(a),
30	24		Water Code, the district may establish and administer defined areas
31	25		as provided by Subchapter J, Chapter 54, Water Code.
32	26		Sec. 8184.103. AUTHORITY FOR ROAD PROJECTS. Under Section
33	27		52, Article III, Texas Constitution, the district may design,
34	28		acquire, construct, finance, issue bonds for, improve, operate,
35	29		maintain, and convey to this state, a county, or a municipality for
36	30		operation and maintenance macadamized, graveled, or paved roads, or
37	31		improvements, including storm drainage, in aid of those roads.
38	32		Sec. 8184.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
39	33		project must meet all applicable construction standards, zoning and
40	34		subdivision requirements, and regulations of each municipality in
41	35		whose corporate limits or extraterritorial jurisdiction the road
42	36		project is located.
43	37		(b) If a road project is not located in the corporate limits
44	38		or extraterritorial jurisdiction of a municipality, the road
45	39		project must meet all applicable construction standards,
46	40		subdivision requirements, and regulations of each county in which
47	41		the road project is located.
48	42		(c) If the state will maintain and operate the road, the
49	43		Texas Transportation Commission must approve the plans and
50	44		specifications of the road project.
51	45		SECTION 3. Chapter 8184, Special District Local Laws Code,
52	46		is amended by adding Subchapter D to read as follows:
53	47		SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
54	48		Sec. 8184.151. AUTHORITY TO ISSUE BONDS AND OTHER
55	49		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
56	50		other obligations payable wholly or partly from ad valorem taxes,
57	51		impact fees, revenue, contract payments, grants, or other district
58	52		money, or any combination of those sources, to pay for a road
59	53		project authorized by Section 8184.103.
60	54		(b) The district may not issue bonds payable from ad valorem
61	55		taxes to finance a road project unless the issuance is approved by a
62	56		vote of a two-thirds majority of the district voters voting at an
63	57		election held for that purpose.
64	58		(c) At the time of issuance, the total principal amount of
65	59		bonds or other obligations issued or incurred to finance road
66	60		projects and payable from ad valorem taxes may not exceed
67	61		one-fourth of the assessed value of the real property in the
68	62		district.
69	63		Sec. 8184.152. TAXES FOR BONDS. At the time the district
70	64		issues bonds payable wholly or partly from ad valorem taxes, the
71	65		district shall provide for the annual imposition of a continuing
72	66		direct ad valorem tax, without limit as to rate or amount, while all
73	67		or part of the bonds are outstanding as required and in the manner
74	68		provided by Sections 54.601 and 54.602, Water Code.
75	69		SECTION 4. The Dowdell Public Utility District retains all
76	70		rights, powers, privileges, authority, duties, and functions that
77	71		it had before the effective date of this Act.
78	72		SECTION 5. (a) The legislature validates and confirms all
79	73		acts and proceedings of the board of directors of the Dowdell Public
80	74		Utility District that were taken before the effective date of this
81	75		Act.
82	76		(b) Subsection (a) of this section does not apply to any
83	77		matter that on the effective date of this Act:
84	78		(1) is involved in litigation if the litigation
85	79		ultimately results in the matter being held invalid by a final
86	80		judgment of a court; or
87	81		(2) has been held invalid by a final judgment of a
88	82		court.
89	83		SECTION 6. (a) The legal notice of the intention to
90	84		introduce this Act, setting forth the general substance of this
91	85		Act, has been published as provided by law, and the notice and a
92	86		copy of this Act have been furnished to all persons, agencies,
93	87		officials, or entities to which they are required to be furnished
94	88		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	89		Government Code.
96	90		(b) The governor, one of the required recipients, has
97	91		submitted the notice and Act to the Texas Commission on
98	92		Environmental Quality.
99	93		(c) The Texas Commission on Environmental Quality has filed
100	94		its recommendations relating to this Act with the governor, the
101	95		lieutenant governor, and the speaker of the house of
102	96		representatives within the required time.
103	97		(d) All requirements of the constitution and laws of this
104	98		state and the rules and procedures of the legislature with respect
105	99		to the notice, introduction, and passage of this Act are fulfilled
106	100		and accomplished.
107	101		SECTION 7. This Act takes effect immediately if it receives
108	102		a vote of two-thirds of all the members elected to each house, as
109	103		provided by Section 39, Article III, Texas Constitution. If this
110	104		Act does not receive the vote necessary for immediate effect, this
111	105		Act takes effect September 1, 2015.
112		-	* * * * *
	106	+	______________________________ ______________________________
	107	+	President of the Senate Speaker of the House
	108	+	I certify that H.B. No. 4206 was passed by the House on May
	109	+	19, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	110	+	voting.
	111	+	______________________________
	112	+	Chief Clerk of the House
	113	+	I certify that H.B. No. 4206 was passed by the Senate on May
	114	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	115	+	______________________________
	116	+	Secretary of the Senate
	117	+	APPROVED: _____________________
	118	+	Date
	119	+	_____________________
	120	+	Governor