By: Bettencourt S.B. No. 2053
(Riddle)
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Pine Forest Municipal
Utility District; providing authority to issue bonds and impose a
tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 427, Acts of the 62nd Legislature,
Regular Session, 1971, is amended by amending Sections 1 and 5 and
adding Sections 1-a, 5-a, 5-b, 5-c, 5-d, 10, and 11 to read as
follows:
Sec. 1. DEFINITIONS. In this Act:
(1) "Board" means the district's board of directors.
(2) "District" means the Pine Forest Municipal Utility
District.
Sec. 1-a. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district in Harris County created
under Section 59, Article XVI, Texas Constitution.
(b) The district is created 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.
[Notwithstanding provisions of the general laws relating to consent
by political subdivisions for the creation of conservation and
reclamation districts, there is hereby created and established
under and pursuant to the provisions of Article XVI, Section 59 of
the Constitution of Texas, a conservation and reclamation district
in Harris County, Texas, to be known as "Pine Forest Municipal
Utility District," hereinafter called the "district," which shall
be a governmental agency and a body politic and corporate. The
creation and establishment of the district is hereby declared to be
essential to the accomplishment of the purposes of Article XVI,
Section 59 of the Constitution of Texas.]
Sec. 5. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Sec. 5-a. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.
The district has [is hereby vested with, and shall have and
exercise, all of] the [rights,] powers[, privileges, authority] and
duties provided [functions conferred] by the general law [laws] of
this state [applicable to municipal utility districts], including
Chapters 49 and [without limitation those conferred by Chapter] 54,
[Title 4,] Water Code, [but if any provision of such general laws
shall be in conflict or inconsistent with the provisions of this
Act, the provisions of this Act shall prevail. All such general
laws] applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution [not in conflict or
inconsistent with the provisions of this Act are hereby adopted and
incorporated by reference with the same effect as if copied in full
in this Act].
Sec. 5-b. 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. 5-c. 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.
Sec. 5-d. APPROVAL OF ROAD PROJECT. (a) The district may
not undertake a road project authorized by Section 5-b of this Act
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a) of this section,
the district is not required to obtain approval from the Texas
Transportation Commission to design, acquire, construct, finance,
issue bonds for, improve, or convey a road project.
Sec. 10. 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,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for a road project authorized
by Section 5-b.
(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. 11. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
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.
SECTION 2. Sections 6, 7, 8, and 9, Chapter 427, Acts of the
62nd Legislature, Regular Session, 1971, are repealed.
SECTION 3. The Pine Forest Municipal Utility District
retains all the rights, powers, privileges, authority, duties, and
functions that it had before the effective date of this Act.
SECTION 4. (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 5. 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.