Texas 2015 - 84th Regular

Texas Senate Bill SB2033 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Galveston S.B. No. 2033
2		-	(Bonnen of Galveston)
	1	+	S.B. No. 2033
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the powers and duties of the Galveston County Municipal
7	5		Utility District No. 35; providing authority to issue bonds and
8	6		impose fees and taxes.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	9		Code, is amended by adding Chapter 7930 to read as follows:
12	10		CHAPTER 7930. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 35
13	11		SUBCHAPTER A. GENERAL PROVISIONS
14	12		Sec. 7930.001. DEFINITION. In this chapter, "district"
15	13		means the Galveston County Municipal Utility District No. 35.
16	14		Sec. 7930.002. NATURE AND PURPOSES OF DISTRICT. (a) The
17	15		district is a municipal utility district created under Section 59,
18	16		Article XVI, Texas Constitution.
19	17		(b) The district is created to accomplish the purposes of:
20	18		(1) a municipal utility district as provided by
21	19		general law and Section 59, Article XVI, Texas Constitution; and
22	20		(2) Section 52, Article III, Texas Constitution, that
23	21		relate to the construction, acquisition, improvement, operation,
24	22		or maintenance of macadamized, graveled, or paved roads, or
25	23		improvements, including storm drainage, in aid of those roads.
26	24		SUBCHAPTER B. POWERS AND DUTIES
27	25		Sec. 7930.051. GENERAL POWERS AND DUTIES. The district has
28	26		the powers and duties necessary to accomplish the purposes for
29	27		which the district is created.
30	28		Sec. 7930.052. MUNICIPAL UTILITY DISTRICT POWERS AND
31	29		DUTIES. The district has the powers and duties provided by the
32	30		general law of this state, including Chapters 49 and 54, Water Code,
33	31		applicable to municipal utility districts created under Section 59,
34	32		Article XVI, Texas Constitution.
35	33		Sec. 7930.053. AUTHORITY FOR ROAD PROJECTS. Under Section
36	34		52, Article III, Texas Constitution, the district may design,
37	35		acquire, construct, finance, issue bonds for, improve, operate,
38	36		maintain, and convey to this state, a county, or a municipality for
39	37		operation and maintenance macadamized, graveled, or paved roads, or
40	38		improvements, including storm drainage, in aid of those roads.
41	39		Sec. 7930.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
42	40		road project must meet all applicable construction standards,
43	41		zoning and subdivision requirements, and regulations of each
44	42		municipality in whose corporate limits or extraterritorial
45	43		jurisdiction the road project is located.
46	44		(b) If a road project is not located in the corporate limits
47	45		or extraterritorial jurisdiction of a municipality, the road
48	46		project must meet all applicable construction standards,
49	47		subdivision requirements, and regulations of each county in which
50	48		the road project is located.
51	49		(c) If the state will maintain and operate the road, the
52	50		Texas Transportation Commission must approve the plans and
53	51		specifications of the road project.
54	52		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
55	53		Sec. 7930.101. AUTHORITY TO ISSUE BONDS AND OTHER
56	54		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
57	55		or other obligations payable wholly or partly from ad valorem
58	56		taxes, impact fees, revenue, contract payments, grants, or other
59	57		district money, or any combination of those sources, to pay for a
60	58		road project authorized by Section 7930.053.
61	59		(b) The district may not issue bonds payable from ad valorem
62	60		taxes to finance a road project unless the issuance is approved by a
63	61		vote of a two-thirds majority of the district voters voting at an
64	62		election held for that purpose.
65	63		(c) At the time of issuance, the total principal amount of
66	64		bonds or other obligations issued or incurred to finance road
67	65		projects and payable from ad valorem taxes may not exceed
68	66		one-fourth of the assessed value of the real property in the
69	67		district.
70	68		Sec. 7930.102. TAXES FOR BONDS. At the time the district
71	69		issues bonds payable wholly or partly from ad valorem taxes, the
72	70		district shall provide for the annual imposition of a continuing
73	71		direct ad valorem tax, without limit as to rate or amount, while all
74	72		or part of the bonds are outstanding as required and in the manner
75	73		provided by Sections 54.601 and 54.602, Water Code.
76	74		SECTION 2. The Galveston County Municipal Utility District
77	75		No. 35 retains all rights, powers, privileges, authority, duties,
78	76		and functions that it had before the effective date of this Act.
79	77		SECTION 3. (a) The legislature validates and confirms all
80	78		governmental acts and proceedings of the Galveston County Municipal
81	79		Utility District No. 35 that were taken before the effective date of
82	80		this Act.
83	81		(b) This section does not apply to any matter that on the
84	82		effective date of this Act:
85	83		(1) is involved in litigation if the litigation
86	84		ultimately results in the matter being held invalid by a final court
87	85		judgment; or
88	86		(2) has been held invalid by a final court judgment.
89	87		SECTION 4. (a) The legal notice of the intention to
90	88		introduce this Act, setting forth the general substance of this
91	89		Act, has been published as provided by law, and the notice and a
92	90		copy of this Act have been furnished to all persons, agencies,
93	91		officials, or entities to which they are required to be furnished
94	92		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	93		Government Code.
96	94		(b) The governor, one of the required recipients, has
97	95		submitted the notice and Act to the Texas Commission on
98	96		Environmental Quality.
99	97		(c) The Texas Commission on Environmental Quality has filed
100	98		its recommendations relating to this Act with the governor, the
101	99		lieutenant governor, and the speaker of the house of
102	100		representatives within the required time.
103	101		(d) All requirements of the constitution and laws of this
104	102		state and the rules and procedures of the legislature with respect
105	103		to the notice, introduction, and passage of this Act are fulfilled
106	104		and accomplished.
107	105		SECTION 5. This Act takes effect immediately if it receives
108	106		a vote of two-thirds of all the members elected to each house, as
109	107		provided by Section 39, Article III, Texas Constitution. If this
110	108		Act does not receive the vote necessary for immediate effect, this
111	109		Act takes effect September 1, 2015.
	110	+	______________________________ ______________________________
	111	+	President of the Senate Speaker of the House
	112	+	I hereby certify that S.B. No. 2033 passed the Senate on
	113	+	May 8, 2015, by the following vote: Yeas 30, Nays 1.
	114	+	______________________________
	115	+	Secretary of the Senate
	116	+	I hereby certify that S.B. No. 2033 passed the House on
	117	+	May 22, 2015, by the following vote: Yeas 140, Nays 0, two
	118	+	present not voting.
	119	+	______________________________
	120	+	Chief Clerk of the House
	121	+	Approved:
	122	+	______________________________
	123	+	Date
	124	+	______________________________
	125	+	Governor