By: Riddle (Senate Sponsor - Bettencourt) H.B. No. 4206
(In the Senate - Received from the House May 20, 2015;
May 21, 2015, read first time and referred to Committee on
Administration; May 24, 2015, reported favorably by the following
vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Dowdell Public Utility
District; providing authority to issue bonds; providing authority
to impose fees and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8184.003(c), Special District Local Laws
Code, is amended to read as follows:
(c) The creation of the district is essential to accomplish
the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
SECTION 2. Subchapter C, Chapter 8184, Special District
Local Laws Code, is amended by adding Sections 8184.102, 8184.103,
and 8184.104 to read as follows:
Sec. 8184.102. AUTHORITY TO ESTABLISH DEFINED AREAS.
Notwithstanding the acreage requirement under Section 54.801(a),
Water Code, the district may establish and administer defined areas
as provided by Subchapter J, Chapter 54, Water Code.
Sec. 8184.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8184.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
SECTION 3. Chapter 8184, Special District Local Laws Code,
is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
Sec. 8184.151. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
other obligations payable wholly or partly from ad valorem taxes,
impact fees, revenue, contract payments, grants, or other district
money, or any combination of those sources, to pay for a road
project authorized by Section 8184.103.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(c) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 8184.152. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
district shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
SECTION 4. The Dowdell Public Utility District retains all
rights, powers, privileges, authority, duties, and functions that
it had before the effective date of this Act.
SECTION 5. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the Dowdell Public
Utility District that were taken before the effective date of this
Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 6. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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