Texas 2015 - 84th Regular

Texas Senate Bill SB2052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Creighton S.B. No. 2052
2	2	(In the Senate - Filed April 14, 2015; April 15, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 6, 2015, reported favorably by the following vote:
5	5	Yeas 4, Nays 0; May 6, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the powers and duties of the Montgomery County
12	12	Municipal Utility District No. 141; providing authority to issue
13	13	bonds and impose taxes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 7912 to read as follows:
17	17	CHAPTER 7912. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 141
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 7912.001. DEFINITION. In this chapter, "district"
20	20	means the Montgomery County Municipal Utility District No. 141.
21	21	Sec. 7912.002. NATURE AND PURPOSES OF DISTRICT. (a) The
22	22	district is a municipal utility district created under Section 59,
23	23	Article XVI, Texas Constitution.
24	24	(b) The district is created to accomplish the purposes of:
25	25	(1) a municipal utility district as provided by
26	26	general law and Section 59, Article XVI, Texas Constitution; and
27	27	(2) Section 52, Article III, Texas Constitution, that
28	28	relate to the construction, acquisition, improvement, operation,
29	29	or maintenance of macadamized, graveled, or paved roads, or
30	30	improvements, including storm drainage, in aid of those roads.
31	31	SUBCHAPTER B. POWERS AND DUTIES
32	32	Sec. 7912.051. GENERAL POWERS AND DUTIES. The district has
33	33	the powers and duties necessary to accomplish the purposes for
34	34	which the district is created.
35	35	Sec. 7912.052. MUNICIPAL UTILITY DISTRICT POWERS AND
36	36	DUTIES. The district has the powers and duties provided by the
37	37	general law of this state, including Chapters 49 and 54, Water Code,
38	38	applicable to municipal utility districts created under Section 59,
39	39	Article XVI, Texas Constitution.
40	40	Sec. 7912.053. AUTHORITY FOR ROAD PROJECTS. Under Section
41	41	52, Article III, Texas Constitution, the district may design,
42	42	acquire, construct, finance, issue bonds for, improve, operate,
43	43	maintain, and convey to this state, a county, or a municipality for
44	44	operation and maintenance macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7912.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
47	47	road project must meet all applicable construction standards,
48	48	zoning and subdivision requirements, and regulations of each
49	49	municipality in whose corporate limits or extraterritorial
50	50	jurisdiction the road project is located.
51	51	(b) If a road project is not located in the corporate limits
52	52	or extraterritorial jurisdiction of a municipality, the road
53	53	project must meet all applicable construction standards,
54	54	subdivision requirements, and regulations of each county in which
55	55	the road project is located.
56	56	(c) If the state will maintain and operate the road, the
57	57	Texas Transportation Commission must approve the plans and
58	58	specifications of the road project.
59	59	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
60	60	Sec. 7912.101. AUTHORITY TO ISSUE BONDS AND OTHER
61	61	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
62	62	or other obligations payable wholly or partly from ad valorem
63	63	taxes, revenue, contract payments, grants, or other district money,
64	64	or any combination of those sources, to pay for a road project
65	65	authorized by Section 7912.053.
66	66	(b) The district may not issue bonds payable from ad valorem
67	67	taxes to finance a road project unless the issuance is approved by a
68	68	vote of a two-thirds majority of the district voters voting at an
69	69	election held for that purpose.
70	70	(c) At the time of issuance, the total principal amount of
71	71	bonds or other obligations issued or incurred to finance road
72	72	projects and payable from ad valorem taxes may not exceed
73	73	one-fourth of the assessed value of the real property in the
74	74	district.
75	75	Sec. 7912.102. TAXES FOR BONDS. At the time the district
76	76	issues bonds payable wholly or partly from ad valorem taxes, the
77	77	district shall provide for the annual imposition of a continuing
78	78	direct ad valorem tax, without limit as to rate or amount, while all
79	79	or part of the bonds are outstanding as required and in the manner
80	80	provided by Sections 54.601 and 54.602, Water Code.
81	81	SECTION 2. The Montgomery County Municipal Utility District
82	82	No. 141 retains all rights, powers, privileges, authority, duties,
83	83	and functions that it had before the effective date of this Act.
84	84	SECTION 3. (a) The legislature validates and confirms all
85	85	governmental acts and proceedings of the Montgomery County
86	86	Municipal Utility District No. 141 that were taken before the
87	87	effective date of this Act.
88	88	(b) This section does not apply to any matter that on the
89	89	effective date of this Act:
90	90	(1) is involved in litigation if the litigation
91	91	ultimately results in the matter being held invalid by a final court
92	92	judgment; or
93	93	(2) has been held invalid by a final court judgment.
94	94	SECTION 4. (a) The legal notice of the intention to
95	95	introduce this Act, setting forth the general substance of this
96	96	Act, has been published as provided by law, and the notice and a
97	97	copy of this Act have been furnished to all persons, agencies,
98	98	officials, or entities to which they are required to be furnished
99	99	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
100	100	Government Code.
101	101	(b) The governor, one of the required recipients, has
102	102	submitted the notice and Act to the Texas Commission on
103	103	Environmental Quality.
104	104	(c) The Texas Commission on Environmental Quality has filed
105	105	its recommendations relating to this Act with the governor, the
106	106	lieutenant governor, and the speaker of the house of
107	107	representatives within the required time.
108	108	(d) All requirements of the constitution and laws of this
109	109	state and the rules and procedures of the legislature with respect
110	110	to the notice, introduction, and passage of this Act are fulfilled
111	111	and accomplished.
112	112	SECTION 5. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2015.
117	117	* * * * *