Texas 2015 - 84th Regular

Texas Senate Bill SB2069 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R25160 AAF-F
2	2	By: Hinojosa S.B. No. 2069
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Hidalgo County Water
7	7	Control and Improvement District No. 18; providing authority to
8	8	issue bonds; providing authority to impose fees and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 9067 to read as follows:
12	12	CHAPTER 9067. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT
13	13	DISTRICT NO. 18
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9067.001. DEFINITION. In this chapter, "district"
16	16	means the Hidalgo County Water Control and Improvement District No.
17	17	18.
18	18	Sec. 9067.002. NATURE AND PURPOSES OF DISTRICT. (a) The
19	19	district is a water control and improvement district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	(b) The district is created to accomplish the purposes of:
22	22	(1) a water control and improvement district as
23	23	provided by general law and Section 59, Article XVI, Texas
24	24	Constitution; and
25	25	(2) Section 52, Article III, Texas Constitution, that
26	26	relate to the construction, acquisition, improvement, operation,
27	27	or maintenance of macadamized, graveled, or paved roads, or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 9067.051. GENERAL POWERS AND DUTIES. The district has
31	31	the powers and duties necessary to accomplish the purposes for
32	32	which the district is created.
33	33	Sec. 9067.052. WATER CONTROL AND IMPROVEMENT DISTRICT
34	34	POWERS AND DUTIES. The district has the powers and duties provided
35	35	by the general law of this state, including Chapters 49 and 51,
36	36	Water Code, applicable to water control and improvement districts
37	37	created under Section 59, Article XVI, Texas Constitution,
38	38	including the power to construct, participate in, own, maintain,
39	39	and provide services related to water conservation projects, lakes,
40	40	reservoirs, canals, and wells, and water, sewer, recycled water,
41	41	and related utility facilities.
42	42	Sec. 9067.053. AUTHORITY FOR ROAD PROJECTS. Under Section
43	43	52, Article III, Texas Constitution, the district may design,
44	44	acquire, construct, finance, issue bonds for, improve, operate,
45	45	maintain, and convey to this state, a county, a municipality, or a
46	46	public improvement district within a municipality for operation and
47	47	maintenance macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, lakes, reservoirs, canals,
49	49	underground drainage, and water treatment systems, in aid of those
50	50	roads.
51	51	Sec. 9067.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
52	52	project must meet all applicable construction standards, zoning and
53	53	subdivision requirements, and regulations of each municipality in
54	54	whose corporate limits or extraterritorial jurisdiction the road
55	55	project is located.
56	56	(b) If a road project is not located in the corporate limits
57	57	or extraterritorial jurisdiction of a municipality, the road
58	58	project must meet all applicable construction standards,
59	59	subdivision requirements, and regulations of each county in which
60	60	the road project is located.
61	61	(c) If the state will maintain and operate the road, the
62	62	Texas Transportation Commission must approve the plans and
63	63	specifications of the road project.
64	64	Sec. 9067.055. PARTICIPATION IN WATER CONSERVATION
65	65	PROJECTS. The district may participate in the funding and
66	66	construction of improvements related to water conservation
67	67	projects within the City of McAllen Tax Increment Reinvestment Zone
68	68	Number One. Those projects include the construction of lakes,
69	69	reservoirs, drainage facilities, recycled water facilities,
70	70	constructed wetlands and filtration systems, and related
71	71	infrastructure. The district may not engage in projects authorized
72	72	by this section outside of the boundaries of the district. The
73	73	district may exercise the powers under this section only in
74	74	cooperation with a public improvement district located within the
75	75	boundaries of the City of McAllen Tax Increment Reinvestment Zone
76	76	Number One under an agreement between the district and the public
77	77	entity or improvement district.
78	78	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
79	79	Sec. 9067.101. AUTHORITY TO ISSUE BONDS AND OTHER
80	80	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
81	81	other obligations payable wholly or partly from ad valorem taxes,
82	82	impact fees, revenue, contract payments, grants, or other district
83	83	money, or any combination of those sources, to pay for a project
84	84	authorized by Section 9067.053 or 9067.055.
85	85	(b) The district may not issue bonds payable from ad valorem
86	86	taxes to finance a road project unless the issuance is approved by a
87	87	vote of a two-thirds majority of the district voters voting at an
88	88	election held for that purpose.
89	89	(c) At the time of issuance, the total principal amount of
90	90	bonds or other obligations issued or incurred to finance road
91	91	projects and payable from ad valorem taxes may not exceed
92	92	one-fourth of the assessed value of real property in the district.
93	93	Sec. 9067.102. TAXES FOR BONDS. At the time the district
94	94	issues bonds payable wholly or partly from ad valorem taxes, the
95	95	board shall provide for the annual imposition of a continuing
96	96	direct ad valorem tax, without limit as to rate or amount, while all
97	97	or part of the bonds are outstanding.
98	98	SECTION 2. The Hidalgo County Water Control and Improvement
99	99	District No. 18 retains all the rights, powers, privileges,
100	100	authority, duties, and functions that it had before the effective
101	101	date of this Act.
102	102	SECTION 3. (a) The legislature validates and confirms all
103	103	acts and proceedings of the Hidalgo County Water Control and
104	104	Improvement District No. 18 that were taken before the effective
105	105	date of this Act.
106	106	(b) Subsection (a) of this section does not apply to any
107	107	matter that on the effective date of this Act:
108	108	(1) is involved in litigation if the litigation
109	109	ultimately results in the matter being held invalid by a final
110	110	judgment of a court; or
111	111	(2) has been held invalid by a final judgment of a
112	112	court.
113	113	SECTION 4. (a) The legal notice of the intention to
114	114	introduce this Act, setting forth the general substance of this
115	115	Act, has been published as provided by law, and the notice and a
116	116	copy of this Act have been furnished to all persons, agencies,
117	117	officials, or entities to which they are required to be furnished
118	118	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
119	119	Government Code.
120	120	(b) The governor, one of the required recipients, has
121	121	submitted the notice and Act to the Texas Commission on
122	122	Environmental Quality.
123	123	(c) The Texas Commission on Environmental Quality has filed
124	124	its recommendations relating to this Act with the governor, the
125	125	lieutenant governor, and the speaker of the house of
126	126	representatives within the required time.
127	127	(d) All requirements of the constitution and laws of this
128	128	state and the rules and procedures of the legislature with respect
129	129	to the notice, introduction, and passage of this Act are fulfilled
130	130	and accomplished.
131	131	SECTION 5. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2015.