Texas 2017 - 85th Regular

Texas House Bill HB1208 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Gooden (Senate Sponsor - Hall) H.B. No. 1208
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 10, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 19, 2017, reported
5		-	adversely, with favorable Committee Substitute by the following
6		-	vote: Yeas 5, Nays 0; May 19, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 1208 By: Rodríguez
	1	+	H.B. No. 1208
9	2
10	3
11		-	A BILL TO BE ENTITLED
12	4		AN ACT
13	5		relating to the powers and duties of the Kaufman County Fresh Water
14	6		Supply District No. 1-D; providing authority to issue bonds and
15	7		levy assessments.
16	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	9		SECTION 1. Subtitle B, Title 6, Special District Local Laws
18	10		Code, is amended by adding Chapter 6917 to read as follows:
19	11		CHAPTER 6917. KAUFMAN COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-D
20	12		SUBCHAPTER A. GENERAL PROVISIONS
21	13		Sec. 6917.001. DEFINITIONS. In this chapter:
22	14		(1) "Board" means the district's board of directors.
23	15		(2) "Director" means a board member.
24	16		(3) "District" means the Kaufman County Fresh Water
25	17		Supply District No. 1-D.
26	18		Sec. 6917.002. NATURE OF DISTRICT. The district is a fresh
27	19		water supply district created under and essential to accomplish the
28	20		purposes of Section 52, Article III, and Section 59, Article XVI,
29	21		Texas Constitution.
30	22		Sec. 6917.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
31	23		The district is created to serve a public use and benefit.
32	24		(b) All land and other property included in the district
33	25		will benefit from the improvements and services to be provided by
34	26		the district under powers conferred by Sections 52 and 52-a,
35	27		Article III, and Section 59, Article XVI, Texas Constitution, and
36	28		other powers granted under this chapter.
37	29		(c) The creation of the district is in the public interest
38	30		and is essential to further the public purposes of:
39	31		(1) developing and diversifying the economy of the
40	32		state;
41	33		(2) eliminating unemployment and underemployment; and
42	34		(3) developing or expanding transportation and
43	35		commerce.
44	36		(d) The district will:
45	37		(1) promote the health, safety, and general welfare of
46	38		residents, employers, potential employees, employees, visitors,
47	39		and consumers in the district, and of the public;
48	40		(2) provide needed funding for the district to
49	41		preserve, maintain, and enhance the economic health and vitality of
50	42		the district territory as a community and business center; and
51	43		(3) promote the health, safety, welfare, and enjoyment
52	44		of the public by providing pedestrian ways and by landscaping and
53	45		developing certain areas in the district, which are necessary for
54	46		the restoration, preservation, and enhancement of scenic beauty.
55	47		(e) Pedestrian ways along or across a street, whether at
56	48		grade or above or below the surface, and street lighting, street
57	49		landscaping, vehicle parking, and street art objects are parts of
58	50		and necessary components of a street and are considered to be an
59	51		improvement project that includes a street or road improvement.
60	52		Sec. 6917.004. APPLICABILITY OF OTHER LAW. Except as
61	53		otherwise provided by this chapter, the following laws apply to the
62	54		district:
63	55		(1) Chapters 49, 51, and 53, Water Code;
64	56		(2) Chapters 372 and 375, Local Government Code; and
65	57		(3) Chapter 257, Transportation Code, and other
66	58		general laws applicable to road districts created under Section 52,
67	59		Article III, Texas Constitution, to the extent those provisions can
68	60		apply to the district.
69	61		SUBCHAPTER B. POWERS AND DUTIES
70	62		Sec. 6917.051. AUTHORITY FOR ROAD PROJECTS. Under Section
71	63		52, Article III, Texas Constitution, the district may design,
72	64		acquire, construct, finance, issue bonds for, improve, operate,
73	65		maintain, and convey to this state, a county, or a municipality for
74	66		operation and maintenance macadamized, graveled, concreted, or
75	67		paved roads, or improvements, including storm drainage, in aid of
76	68		those roads.
77	69		Sec. 6917.052. ROAD STANDARDS AND REQUIREMENTS. (a) A road
78	70		project must meet all applicable construction standards, zoning and
79	71		subdivision requirements, and regulations of each municipality in
80	72		whose corporate limits or extraterritorial jurisdiction the road
81	73		project is located.
82	74		(b) If a road project is not located in the corporate limits
83	75		or extraterritorial jurisdiction of a municipality, the road
84	76		project must meet all applicable construction standards,
85	77		subdivision requirements, and regulations of each county in which
86	78		the road project is located.
87	79		(c) If the state will maintain and operate the road, the
88	80		Texas Transportation Commission must approve the plans and
89	81		specifications of the road project.
90	82		Sec. 6917.053. JOINT ROAD PROJECTS. (a) A district may
91	83		contract with a state agency, political subdivision, or corporation
92	84		created under Chapter 431, Transportation Code, for a joint road
93	85		project.
94	86		(b) The contract may:
95	87		(1) provide for joint payment of project costs; and
96	88		(2) require the state agency, political subdivision,
97	89		or corporation to design, construct, or improve a project,
98	90		including landscaping, as provided by the contract.
99	91		Sec. 6917.054. EXEMPTION FROM CERTAIN SUPERVISION AND
100	92		APPROVAL REQUIREMENTS. (a) The district may reimburse
101	93		expenditures as provided by Sections 257.003(a) and (b),
102	94		Transportation Code, without the approval required by Section
103	95		257.003(c), Transportation Code.
104	96		(b) The district may reimburse expenditures for a project
105	97		constructed or acquired under Section 6917.051 or 6917.053 without
106	98		the approval required by Section 49.107(f), Water Code.
107	99		(c) Sections 49.181 and 49.182, Water Code, and Section
108	100		375.208, Local Government Code, do not apply to:
109	101		(1) a project authorized by Section 6917.051 or
110	102		6917.053;
111	103		(2) bonds issued for a project described by
112	104		Subdivision (1); or
113	105		(3) bonds issued under Chapter 372, Local Government
114	106		Code, as authorized by Section 6917.151(b).
115	107		Sec. 6917.055. ROAD CONTRACTS. The district may enter into
116	108		a contract for a road project in the same manner as a road district
117	109		under Chapter 257, Transportation Code, except that competitive
118	110		bidding for a road project contract is governed by Subchapter I,
119	111		Chapter 49, Water Code.
120	112		Sec. 6917.056. DIVISION OF DISTRICT. (a) The district may
121	113		be divided into two or more new districts only if the district:
122	114		(1) has no outstanding bonded debt; and
123	115		(2) is not imposing ad valorem taxes.
124	116		(b) This chapter applies to any new district created by the
125	117		division of the district, and a new district has all the powers and
126	118		duties of the district.
127	119		(c) Any new district created by the division of the district
128	120		may not, at the time the new district is created, contain any land
129	121		outside the boundaries of the district as the boundaries exist on
130	122		the effective date of the Act enacting this chapter.
131	123		(d) The board, on its own motion or on receipt of a petition
132	124		signed by the owner or owners of a majority of the assessed value of
133	125		the real property in the district, may adopt an order dividing the
134	126		district.
135	127		(e) An order dividing the district must:
136	128		(1) name each new district;
137	129		(2) include the metes and bounds description of the
138	130		territory of each new district;
139	131		(3) appoint temporary directors for each new district;
140	132		and
141	133		(4) provide for the division of assets and liabilities
142	134		between or among the new districts.
143	135		(f) On or before the 30th day after the date of adoption of
144	136		an order dividing the district, the district shall file the order
145	137		with the Texas Commission on Environmental Quality and record the
146	138		order in the real property records of each county in which the
147	139		district is located.
148	140		(g) Any new district created by the division of the district
149	141		shall hold a confirmation and directors' election as required by
150	142		Chapter 49, Water Code.
151	143		(h) If the creation of the new district is confirmed, the
152	144		new district shall provide the election date and results to the
153	145		Texas Commission on Environmental Quality.
154	146		(i) Any new district created by the division of the district
155	147		must hold an election as required by this chapter to obtain voter
156	148		approval before the district may impose a maintenance tax or issue
157	149		bonds payable wholly or partly from ad valorem taxes.
158	150		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
159	151		Sec. 6917.101. ASSESSMENTS. (a) The district may impose an
160	152		assessment on property in the district to pay for an improvement
161	153		project or an obligation described by Section 6917.151 in the
162	154		manner provided for:
163	155		(1) a district under Subchapters A, E, and F, Chapter
164	156		375, Local Government Code; or
165	157		(2) a municipality or county under Subchapter A,
166	158		Chapter 372, Local Government Code.
167	159		(b) The district may impose an assessment for any district
168	160		operation and maintenance or authorized improvement or
169	161		supplemental service, including public safety services, in the
170	162		manner provided for:
171	163		(1) a district under Subchapters A, E, and F, Chapter
172	164		375, Local Government Code; or
173	165		(2) a municipality or county under Subchapter A,
174	166		Chapter 372, Local Government Code.
175	167		(c) The district may not impose an assessment on a
176	168		municipality, county, or other political subdivision.
177	169		Sec. 6917.102. RESIDENTIAL PROPERTY NOT EXEMPT. Section
178	170		375.161, Local Government Code, does not apply to the district.
179	171		SUBCHAPTER D. BONDS
180	172		Sec. 6917.151. AUTHORITY TO ISSUE BONDS AND OTHER
181	173		OBLIGATIONS. (a) Subject to Subsections (e) and (f), the district
182	174		may issue bonds or other obligations to finance the construction,
183	175		maintenance, or operation of road projects authorized by Section
184	176		6917.051 or 6917.053.
185	177		(b) The district may issue, by public or private sale,
186	178		bonds, notes, or other obligations payable wholly or partly from
187	179		assessments in the manner provided by:
188	180		(1) Subchapter J, Chapter 375, Local Government Code;
189	181		or
190	182		(2) Subchapter A, Chapter 372, Local Government Code,
191	183		if an improvement project financed by an obligation issued under
192	184		this subsection will be conveyed to or operated and maintained by a
193	185		municipality or retail utility provider under an agreement between
194	186		the district and the municipality or retail utility provider
195	187		entered into before the issuance of the obligation.
196	188		(c) The district may issue by competitive bidding or
197	189		negotiated sale bonds or other obligations, payable wholly or
198	190		partly from any available revenue of the district, to pay for an
199	191		improvement project.
200	192		(d) The district may issue by competitive bidding or
201	193		negotiated sale bonds or other obligations, payable wholly or
202	194		partly from any available revenue of the district or contract
203	195		revenue from another district that is secured by ad valorem taxes
204	196		imposed by or other revenue from the other district, to pay for a
205	197		joint utility or road project.
206	198		(e) The district may not issue bonds or other obligations
207	199		payable wholly or partly from ad valorem taxes to finance a road
208	200		project unless the issuance is approved by a vote of a two-thirds
209	201		majority of the district voters voting at an election held for that
210	202		purpose.
211	203		(f) At the time of issuance, the total principal amount of
212	204		bonds or other obligations issued or incurred to finance road
213	205		projects and payable from ad valorem taxes may not exceed
214	206		one-fourth of the assessed value of the real property in the
215	207		district.
216	208		SECTION 2. (a) The following are validated and confirmed in
217	209		all respects:
218	210		(1) the creation of the Kaufman County Fresh Water
219	211		Supply District No. 1-D; and
220	212		(2) any act or proceeding of the district, including
221	213		an election, not excepted by this section and taken not more than
222	214		three years before the effective date of this Act, effective as of
223	215		the date on which the act or proceeding occurred.
224	216		(b) This section does not apply to:
225	217		(1) an act, proceeding, director, other official,
226	218		bond, or other obligation the validity of which or of whom is the
227	219		subject of litigation that is pending on the effective date of this
228	220		Act; or
229	221		(2) an act or proceeding that, under a statute of this
230	222		state or the United States, was a misdemeanor or felony at the time
231	223		the act or proceeding occurred.
232	224		SECTION 3. (a) The legal notice of the intention to
233	225		introduce this Act, setting forth the general substance of this
234	226		Act, has been published as provided by law, and the notice and a
235	227		copy of this Act have been furnished to all persons, agencies,
236	228		officials, or entities to which they are required to be furnished
237	229		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
238	230		Government Code.
239	231		(b) The governor, one of the required recipients, has
240	232		submitted the notice and Act to the Texas Commission on
241	233		Environmental Quality.
242	234		(c) The Texas Commission on Environmental Quality has filed
243	235		its recommendations relating to this Act with the governor, the
244	236		lieutenant governor, and the speaker of the house of
245	237		representatives within the required time.
246	238		(d) All requirements of the constitution and laws of this
247	239		state and the rules and procedures of the legislature with respect
248	240		to the notice, introduction, and passage of this Act are fulfilled
249	241		and accomplished.
250	242		SECTION 4. This Act takes effect immediately if it receives
251	243		a vote of two-thirds of all the members elected to each house, as
252	244		provided by Section 39, Article III, Texas Constitution. If this
253	245		Act does not receive the vote necessary for immediate effect, this
254	246		Act takes effect September 1, 2017.
255		-	* * * * *
	247	+	______________________________ ______________________________
	248	+	President of the Senate Speaker of the House
	249	+	I certify that H.B. No. 1208 was passed by the House on May 9,
	250	+	2017, by the following vote: Yeas 138, Nays 7, 2 present, not
	251	+	voting; and that the House concurred in Senate amendments to H.B.
	252	+	No. 1208 on May 24, 2017, by the following vote: Yeas 119, Nays 22,
	253	+	3 present, not voting.
	254	+	______________________________
	255	+	Chief Clerk of the House
	256	+	I certify that H.B. No. 1208 was passed by the Senate, with
	257	+	amendments, on May 22, 2017, by the following vote: Yeas 31, Nays
	258	+	0.
	259	+	______________________________
	260	+	Secretary of the Senate
	261	+	APPROVED: __________________
	262	+	Date
	263	+	__________________
	264	+	Governor