84R25160 AAF-F
By: Hinojosa S.B. No. 2069
A BILL TO BE ENTITLED
relating to the powers and duties of the Hidalgo County Water
Control and Improvement District No. 18; 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. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9067 to read as follows:
CHAPTER 9067. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 18
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9067.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Water Control and Improvement District No.
18.
Sec. 9067.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a water control and improvement district created under
Section 59, Article XVI, Texas Constitution.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement 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.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9067.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9067.052. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution,
including the power to construct, participate in, own, maintain,
and provide services related to water conservation projects, lakes,
reservoirs, canals, and wells, and water, sewer, recycled water,
and related utility facilities.
Sec. 9067.053. 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, a municipality, or a
public improvement district within a municipality for operation and
maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, lakes, reservoirs, canals,
underground drainage, and water treatment systems, in aid of those
roads.
Sec. 9067.054. 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. 9067.055. PARTICIPATION IN WATER CONSERVATION
PROJECTS. The district may participate in the funding and
construction of improvements related to water conservation
projects within the City of McAllen Tax Increment Reinvestment Zone
Number One. Those projects include the construction of lakes,
reservoirs, drainage facilities, recycled water facilities,
constructed wetlands and filtration systems, and related
infrastructure. The district may not engage in projects authorized
by this section outside of the boundaries of the district. The
district may exercise the powers under this section only in
cooperation with a public improvement district located within the
boundaries of the City of McAllen Tax Increment Reinvestment Zone
Number One under an agreement between the district and the public
entity or improvement district.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 9067.101. 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 project
authorized by Section 9067.053 or 9067.055.
(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 real property in the district.
Sec. 9067.102. 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. The Hidalgo County Water Control and Improvement
District No. 18 retains all the rights, powers, privileges,
authority, duties, and functions that it had before the effective
date of this Act.
SECTION 3. (a) The legislature validates and confirms all
acts and proceedings of the Hidalgo County Water Control and
Improvement District No. 18 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 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.